On June 16, 2017, Jonathan Erman a directed verdict at the Richmond County Supreme Court on behalf of an OB/GYN in a matter concerning claims of a retained foreign body.  Plaintiff alleged that the defendant left behind a surgical sponge during a vaginal delivery, leading to infection and emotional distress.

 

During trial, Jonathan moved moved to preclude the plaintiff’s expert from offering testimony, as his conclusions would necessarily rely upon impermissible speculation.  After hearing oral arguments, the Court granted our motion and subsequent motion to dismiss for failure to make a prima facie case.