Marc J. Falcone obtained summary judgment dismissal on behalf of an oncologist in a case where it was alleged that the defendants failed to prevent thromboembolus and/or pulmonary embolus, resulting in the death of a fifty-three (53) year old married father of three (3) children.  It was specifically alleged that the defendants improperly administered Vitamin […]

Frank A. DiScipio obtained summary judgment dismissal in favor of a prominent periodontist and dental implant specialist  in Kings County.   Plaintiffs contended that the periodontist should have performed periodontal scaling to remove retained dental cement prior to gum surgery, which eventually resulted in gum recession.  Mr. DiScipio attacked the conclusive and unsupported allegations in the plaintiffs’ […]

Marc Falcone obtained summary judgment dismissal in favor of a hospital and several physicians in a Richmond County case where it was alleged that there was a failure to timely diagnose and treat respiratory syncytial virus (RSV) bronchiolitis in a nine (9) week old infant, leading to death.  The infant experienced cardiac arrest at home […]

Following a two week trial, Marc J. Falcone was successful in obtaining a directed verdict on behalf of a prominent obstetrician/gynecologist.   The case was venued in Queens County and involved the allegation that the client, along with two other obstetrician/gynecologists who were represented by separate counsel, improperly counseled the patient that she had chorioamnionitis […]

In a recent Decision and Order, the Appellate Division, Second Department affirmed the trial court’s denial of plaintiff’s motion, which sought to set aside a stipulation of settlement and restore the action to the trial calendar on the ground that the settlement was procured under duress.  The Appellate Division agreed that the stipulation of settlement […]