HPM&B Begins the Year with a Unanimous Defense Verdict in Nassau County

HPM&B Partners Michael Sullivan and Matthew Messina obtained a unanimous defense verdict in a Supreme Court, Nassau County medical malpractice case on February 21, 2023 after a two week trial.


The plaintiff was 35 years old and underwent a left labyrinthectomy surgery in September 2013 for the treatment of intractable vertigo and related symptoms. In November 2013, plaintiff underwent a right endolymphatic sac decompression surgery in further treatment of her symptoms. Both surgeries were performed by the defendant otologist, and it was claimed that plaintiff suffered a stroke during the initial surgery which contraindicated the second surgery. Plaintiff further claimed she suffered a recurrent stroke during the second surgery. Through cross-examination of plaintiff’s witnesses and the testimony of defense experts in Otology, Neuroradiology and Vascular Neurology, Mr. Sullivan and Mr. Messina were able to show that plaintiff never suffered any stroke, and it was appropriate to proceed with the endolymphatic sac decompression surgery in November 2013. The jury unanimously agreed after eight days of testimony and forty minutes of deliberations before the Honorable Francis D. Ricigliano.