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Gallo Wins Summary Judgment In Augmentation Case
HPM&B attorney Vincent L. Galloobtained a summary judgment in a penile augmentation case on June 30, 2005 in the Bronx County Supreme Court. On April 7, 2001 a prominent New York plastic surgeon performed a penile augmentation procedure on plaintiff involving both a lengthening and widening of the patient’s penis. The procedure involved the severing ...
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Suit Against Hair Transplant Surgeons Dismissed on Statute of Limitation Grounds
HPM&B attorney Vincent Gallosuccessfully moved to dismiss a lawsuit commenced against two physicians specializing in hair transplant surgeries. Between September 1993 and December 1993, plaintiff underwent three hair transplant procedures performed by the defendant physicians. Plaintiff initially commenced his lawsuit in 1997. The initial complaint, however, only contained causes of action sounding in violations of ...
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Appellate Practice Group Obtains Reversal Based on Plaintiff’s Reliance on an Unqualified Medical Expert
Dan Ratner and Daryl Paxson of HPM&B’s appellate practice group recently obtained a reversal and dismissal of a medical malpractice complaint, convincing the Appellate Division, Second Department that plaintiff’s expert, in opposition to a summary judgment motion, failed to adequately demonstrate his credentials for offering an opinion as to a standard of care that was ...
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Suit Against Ringside Doctors Dismissed on Statute-of-Limitations Grounds
HPM&B attorney John P. McNaboe successfully moved to dismiss a lawsuit filed by the widow and the estate of the boxer Beethavean Scottland, who died following a bout on the U.S.S. Intrepid in 2001. Denise Scottland alleged that two ringside physicians failed their common-law duty to exercise reasonable care by stopping the fatal fight. In the ...
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Defense Verdict in New York County
Vincent Gallo recently obtained a defense verdict in New York County on behalf of two vascular surgeons who evaluated a patient following a vein-stripping and ligation surgery. Plaintiff sued twelve individual defendants claiming that each were responsible for medical malpractice leading to the below-the-knee amputation of a 41-year-old woman in January of 2000. Plainitff previously ...
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Gibson and Thomas Obtain Summary Judgment in Nursing Home Case
Robert Gibson and Gillian Thomas successfully moved for summary judgment dismissal of a wrongful death case alleging negligent care at a long term care facility. The elderly decedent was admitted to our client’s long term care facility with many medical complications, including advanced dementia, chronic renal failure, and peripheral vascular disease with absent pulses in ...
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Defense Verdict in Queens County
Austa S. Devlin won a defense verdict in New York Supreme Court, Queens County, on behalf of an orthopedist who treated a patient with a fracture of the lateral posterior tibial plateau. The defendant treated her conservatively, with immobilization and physical therapy. The plaintiff claimed that the defendant failed to properly immobilize the leg, and ...
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Defense Verdict In Suffolk County
Robin R. Dolsky won a defense verdict representing one of our major Long Island Hospitals and its Chief of Cardiology and the Director of Cardiac Catheterization Lab. Plaintiff, a 43-year-old Physicians’ Assistant with a major blockage of the left anterior descending artery, claimed that he had to undergo bypass surgery because of negwligence during a ...
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Defense Verdict in Queens County
Raphael J. Berman recently obtained a defense verdict in a wrongful death action in Queens County Supreme Court on behalf of a cardiologist who was requested to render a consultation on a patient who had a longstanding history of severe rheumatoid arthritis. The patient had been admitted with sinus tachycardia and bilateral leg edema. Plaintiff ...
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In Product Liability Action, Punitive Damages Claim Dismissed on Appeal
On December 27, 2005, the Appellate Division affirmed the dismissal of a punitive damages claim against our client, a major manufacturer of MRI machines, in a highly-publicized suit arising from the tragic death of a young boy when a ferrous oxygen tank was drawn into the machine’s magnetic field. HPM&B’s Appellate Practice Group successfully argued ...
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