The Appellate Division, First Department overturned the lower court’s decision denying summary judgment dismissal on behalf of a prominent hospital in Bronx County.  The case involved an alleged failure to timely perform a Cesarean section, resulting in fetal demise.  Eric Gingold and Cindy Young drafted the motion for summary judgment.  Daryl Paxson drafted the appeal ...

HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major teaching Hospital in New York City.  Plaintiff claimed the defendant Hospital failed to timely and properly diagnose and treat molar gestational choriocarcinoma.  Plaintiff further alleged that an immediate dilation and curettage should have been performed in order to ...

In Farrell v. Johnson & Johnson, the Supreme Court of Connecticut affirmed a defendant’s verdict in favor of HPM&B’s client, a surgeon. Heidi Cilano and Nancy Marini represented the client at trial. David Robertson handled the appeals in the Connecticut intermediate and highest appellate courts. The plaintiff’s malpractice suit alleged that she had suffered damages ...

The Appellate Division, First Department recently affirmed the trial court’s decision to grant the defendant utility company’s motion to set aside a jury verdict and dismiss the Complaint. Daryl Paxson, Esq. drafted the appeal papers and Daniel Ratner, Esq. orally argued the issues on behalf of the defendant. The First Department found that the trial ...

Partners Adam Dlugacz and Daniel Ratner successfully argued that plaintiffs should be precluded from advancing their theory of causation that the infant-plaintiff suffered silent hypoxic-ischemic encephalopathy due to prolonged exposure to forceful uterine contractions on behalf of a major metropolitan Hospital. In this Bronx County, Supreme Court venued matter, plaintiffs claimed that infant-plaintiff suffered ...

Brendan J. Alt, Esq. recently prevailed at an arbitration involving the apportionment of liability in a medical malpractice case on behalf of a major teaching hospital in Westchester County.  This wrongful death case involved an alleged failure to properly treat a young adult patient who presented to the emergency department in an active sickle cell ...

The Appellate Division, Second Department recently affirmed the lower court’s decision granting summary judgment dismissal on behalf of a prominent teaching hospital in the Hudson Valley.  The case involved an alleged failure to properly perform a retrobulbar block during cataract surgery resulting in blindness.  Brendan J. Alt, Esq. drafted the motion for summary judgment.  ...

HPMB attorneys Matthew Messina and Courtney Lacouture successfully established that the utility company did not create the hazardous condition which allegedly caused plaintiff’s injury, and that any work performed in the vicinity of the fall had been performed by an independent contractor for whom the utility company was not vicariously liable. Accordingly, summary judgment dismissal ...

Michael Sullivan obtained a unanimous defense verdict in a Supreme Court, New York County medical malpractice case on March 6, 2020 after a one week trial. The plaintiff was a 60-year-old physician who underwent surgery on June 4, 2014 to correct a bunion deformity and a hammertoe deformity on her right foot which was causing ...

The Appellate Division First Department unanimously affirmed the lower court’s decision granting HPMB summary judgment dismissal on behalf of a General Surgeon and a major metropolitan hospital in a medical malpractice case involving a robotic cholecystectomy (gallbladder removal), allegedly resulting in injury to the patient’s common bile duct. In New York County, HPMB Partners ...