Defense Verdict Obtained On Behalf of Local Surgeon

In the first medical malpractice case that was tried to verdict in Richmond County, since the beginning of the Covid-19 pandemic, Marc J. Falcone obtained a defense verdict on behalf of a local surgeon. The case lasted 1½ weeks and involved the allegation that the defendant performed a contraindicated surgery on the patient/plaintiff’s left leg and that the surgery was negligently performed, resulting in nerve damage and the development of Complex Regional Pain Syndrome (CRPS). It was also claimed that the defendant failed to obtain an appropriate informed consent from the patient. The patient, a 50-year-old female, alleged permanent nerve damage, pain and suffering, and an inability to return to work. The jury found that the defendant provided proper and appropriate treatment and did not depart from the accepted standards of medical practice. The jury unanimously determined that the surgery at issue was performed correctly and, to the extent that they existed, that the patient’s subsequent nerve injuries were not related to the surgery at issue.

Defense Verdict Obtained on Behalf of Local Colorectal Surgeon

In the first medical malpractice case that was tried to verdict in Kings County, since the beginning of the Covid-19 pandemic, Marc J. Falcone obtained a defense verdict on behalf of a local colorectal surgeon. The case lasted 1½ weeks and involved the allegation that, during surgery to treat cancer, the defendant failed to remove appropriate portions of the patient’s colon. It was alleged that, instead of removing the diseased portion of the colon, the defendant removed a healthy portion and not the portion that contained the cancer. It was claimed that the cancer was permitted to grow in the colon, leading to more a more extensive surgery a year later, along with a greater risk of death from cancer, emotional distress, economic loss and other personal injuries. There was also a derivative claim on behalf of the patient’s spouse. The jury found that the defendant provided proper and appropriate treatment and did not depart from the accepted standards of medical practice. The jury unanimously determined that the surgery at issue was performed correctly and that the patient’s subsequent cancer was new and unrelated to the cancer for which the initial surgery was performed.

Case Dismissed Against Physician
Adriana Solimeo obtained a dismissal on behalf of a defendant physician in a Richmond County medical malpractice action for plaintiff’s failure to provide discovery. After numerous court appearances, and Orders to provide same, the plaintiff was served with a conditional Order of Preclusion. Upon failure to provide the discovery pursuant to that Order, a Final Order of Preclusion was entered and served. The defendants, inclusive of the facility, moved for dismissals based up the final Order of Preclusion. In their cross-motion to vacate the Final Order of preclusion, plaintiff failed provide all the discovery demanded, and failed to offer a reasonable justification for said failure. The Court granted the motion to dismiss based upon the final Order of Preclusion, and also denied plaintiff’s motion to renew and reargue same.

Case Dismissed Against Hospital
Anthony A. Lenza obtained a dismissal on behalf of a New Jersey hospital. Plaintiff brought an action in Supreme Court, Kings County, alleging medical malpractice during a fusion surgery performed by co-defendant orthopaedic surgeon. All parties, bur for the surgeon, were based solely in New Jersey, and had no contacts with the State of New York which would give rise to long-arm jurisdiction. A motion to dismiss for lack of in personam jurisdiction was granted. Plaintiff’s request to conduct jurisdictional discovery was denied because they had not made a “sufficient start” of making a prima facie case that any information would be discovered sufficient to overcome the affidavits submitted by the defendant which detailed the lack of contact between the defendant hospital, and the State of New York.

Case Dismissed Against Hospital Resident
Charles A. Franchini successfully argued for summary judgment of the general contractor in a Bronx labor law case involving an alleged fall from a ladder at a Manhattan construction site. The Court found that the general contractor did not exercise supervision or control over the plaintiff’s alleged injury producing work, and therefore dismissed the third-party defendant from the case.

Case Dismissed Against Hospital Resident
Anthony A. Lenza, Esq. obtained a dismissal on behalf of a hospital resident in a Bergen County wrongful death action involving an autistic adult. Plaintiffs alleged that the medical treatment by the resident in the Emergency Department increased the stress on this hypersensitive patient leading to seizures, respiratory distress, and lethal cardiac arrhythmia. The law in New Jersey holds a hospital resident to the standard of care applicable to a general practitioner. Recognizing that our client should not be held to a higher standard of a specialist in Emergency Medicine, Anthony moved to bar plaintiffs’ experts from testifying against our client which the court granted prior to expert depositions. The court then granted Anthony’s subsequent motion for summary judgment and dismissed all ten counts of the complaint against our client.

Case dismissed against Richmond County Hospital
Flutra Limani obtained a summary judgment dismissal in favor of Richmond County hospital in a case where it was alleged that defendants failed to properly treat a patient’s pressure ulcers allegedly causing pain and suffering and wrongful death. Ms. Limani was able to prove that her client’s treatment of the patient was proper and appropriate and did not cause any injuries or damages that were claimed by plaintiff.

Case dismissed against Richmond County Pathologist and Allergist
Flutra Limani obtained summary judgment dismissal on behalf of a pathologist and allergist in a case where the patient claimed defendants allegedly failed to properly diagnose and treat an infant patient allegedly causing failure to thrive and other damages. Following filing of a summary judgment motion and oral argument, the Court recognized that plaintiff failed to refute defendants arguments and granted summary judgment on behalf of Ms. Limani’s clients.

Case dismissed against Richmond County Plastic Surgeon
Flutra Limani obtained summary judgment dismissal on behalf of a Richmond County Plastic Surgeon in a case in which it was claimed that defendants negligently managed a patient post-operatively after her left hand surgery causing left hand contracture and loss of use of the left hand in this 21 year old patient. Plaintiff was unable to refute defendant’s arguments and the Court granted summary judgment on behalf of Ms. Limani’s clients.

Anthony A. Lenza, Esq. obtains favorable rulings in a deaf discrimination case in federal court

Anthony represented a hospital in a claim involving the failure to provide an ASL interpreter to the deaf mother of a minor patient in the Emergency Department. The district judge granted Anthony’s motion for summary judgment and dismissed plaintiff’s claims under the Rehabilitation Act, the ADA, and the NYS Human Rights Law. Earlier in the litigation, Anthony established that plaintiff’s fiancé and then co-plaintiff provided false testimony regarding his military service which directly led to the Court barring the fiancé from offering any evidence at trial as well as the voluntary withdrawal of the fiancé’s claims.

Marc J. Falcone, Esq. obtains discontinuance during jury selection in Richmond County, October 2019.

On October 15, 2019, Marc obtained a discontinuance on behalf of a prominent local orthopedist where it was alleged that the co-defendants, inclusive of his client, rendered contraindicated physical therapy following a left knee fracture. Mr. Falcone, assisted by Alexandra A. Formica, Esq., did not entertain settlement demands and decided to proceed with jury selection. Amabile & Erman applaud Marc on the discontinuance he achieved for our client.

Case Dismissed Against Richmond County Ob/Gyn

Frank A. DiScipio obtained a summary judgment dismissal in favor of a long-standing Richmond County Ob/Gyn in a case where it was alleged that the defendants failed to properly treat an ovarian torsion in a infant-plaintiff.  It was the contention of the plaintiff that the  defendants, inclusive of medical providers and a hospital, did not appreciate the severity of the condition resulting in the  loss of the ovary in question.  Mr. DiScipio was able to prove that his client’s treatment of the infant was proper and appropriate and did not cause the injuries and damages claimed.

Case Dismissed Against Manhattan Oral and Maxillofacial Surgeon

Stephanie M. Berger obtained a summary judgment dismissal in favor of an oral surgeon in a case where it was alleged that he negligently performed extraction of a wisdom tooth in a minor patient resulting in pain and numbness.  Plaintiff’s counsel was unable to defeat the defendant’s prima facie showing to entitlement to dismissal.

Case Dismissed Against Kings County General Dentist

Stephanie M. Berger obtained a summary judgment dismissal in favor of a general dentist in a case where it was alleged that he negligently performed extractions and implant placement resulting in implant failure, sinus perforation, chronic sinus infection and the need for surgery.  Ms. Berger was able to prove that defendant’s treatment was not continuous and therefore it was outside the statute of limitations.

Case Discontinued Against Richmond County Plastic Surgeon

Stephanie M. Berger obtained a discontinuance on behalf of a prominent plastic surgeon where it was alleged that he failed to properly perform hernia repair with the use of mesh resulting in hernia recurrence and subsequent surgery.  Following the filing of a motion for summary judgment, plaintiff’s counsel was unable to refute defendant’s arguments and provided a stipulation of discontinuance with prejudice.

Case Dismissed Against Richmond County Pulmonologist and Gastroenterologist

Frank A. DiScipio obtained a dismissal in favor of two Richmond county physicians, specializing in pulmonology and gastroenterologists, where it was alleged that the defendants failed to properly treat sepsis and place a temporary feeding tube in the patient.  Upon the conclusion of discovery, motion practice resulted in the case being dismissed.

Case dismissed against Richmond County oncologist

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 K and fresh frozen plasma, when contraindicated; failed to order the insertion of an IVC (Greenfield) filter; and, failed to order anti-coagulant therapy, such as Heparin.  The motions submitted on behalf of the co-defendant physicians and hospital were denied.

Case dismissed against Manhattan Implant Specialist

Frank A. DiScipio obtained summary judgment dismissal in favor of a prominent periodontist and implant specialist where it was alleged that the defendant failed to properly perform a mini-flap procedure to remove retained dental cement.  The Court also found that the defendant appropriately informed the patient of the known risks and complications associated with a mini-flap procedure.  After hearing oral arguments, the Court granted Mr. DiScipio’s motion.

Case dismissed against Hospital and Physicians

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 and was brought to the hospital by ambulance, where he was treated by physicians from multiple specialties.  Despite significant efforts to render treatment, the infant eventually coded and could not be resuscitated. The infant’s parents filed suit seeking damages for medical malpractice, lack of informed consent and wrongful death. Mr. Falcone was able to prove that the defendants’ treatment of the infant was proper and appropriate and did not cause the injuries and damages claimed.

Marc J. Falcone Obtains a Directed Verdict on Behalf of a Prominent Obstetrician/Gynecologist

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 and was experiencing and inevitable abortion at 21 weeks gestational age. It was claimed that this improper information caused the plaintiff to undergo an unnecessary termination of pregnancy, resulting in emotional injuries.

After two weeks of trial, which involved cross-examination of the plaintiff’s liability and damages experts, the Court agreed that the plaintiff failed to establish a prima facie case of medical malpractice and lack of informed consent. The Court granted the defendant’s motions for a directed verdict at the close of plaintiff’s case.

Case dismissed against Richmond County Internist

Flutra Limani obtained summary judgment dismissal in favor of a prominent Internist in Richmond County in a case where it was alleged that the defendants failed to diagnose and treat a patient’s volvulus of the large intestine allegedly causing pain and suffering and wrongful death. After hearing oral arguments of the motions for summary judgment, the Judge granted the motion on behalf of Ms. Limani’s client as she was able to prove that her client’s treatment of the patient was proper and appropriate and did not cause the damages claimed.

Case discontinued against Richmond County Gastroenterologist

Flutra Limani obtained summary judgment dismissal in favor of a prominent Internist in Richmond County in a case where it was alleged that the defendants failed to diagnose and treat a patient’s volvulus of the large intestine allegedly causing pain and suffering and wrongful death. After hearing oral arguments of the motions for summary judgment, the Judge granted the motion on behalf of Ms. Limani’s client as she was able to prove that her client’s treatment of the patient was proper and appropriate and did not cause the damages claimed.

Jonathan Erman, Esq. Secures Directed Verdict in Richmond County Case Involving Retained Foreign Body

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.

John Orbon, Esq. Obtains a Defense Verdict on Behalf of Defendants in Construction Site Accident

John Orbon, Esq. recently secured a defense verdict in favor of two institutional defendants in a case that was brought by a former employee.  The plaintiff alleged that the defendants were negligent in storing and maintaining certain materials that fell on his body and allegedly caused him serious physical injuries and that the defendants violated certain provisions of the New York State Labor Law.

The jury heard testimony for two days in Kings County Supreme Court.  Just one hour after closing arguments, the jury delivered a unanimous 6-0 verdict in favor of the defendants.  Indeed, Mr. Orbon was able to persuade the jury that the plaintiff was not credible and that the plaintiff’s claims were not consistent with the facts in the record.

Marc J. Falcone obtains a defense verdict on behalf of a prominent anesthesiologist and his employer

Following a 2 week trial, Marc J. Falcone was successful in obtaining a defense verdict on behalf of a prominent anesthesiologist and his employer.

The case was venued in Richmond County and involved the allegation that the defendant negligently intubated the patient just prior to the start of a surgery to remove part of the patient’s colon.  It was alleged that the defendant lacerated the right vocal cord with the endotracheal tube, causing irreparable damage and scar.  The patient, a 49 year old school teacher and singer, underwent a subsequent surgery and multiple vocal cord injections in an effort to restore normal voice function, all of which was unsuccessful.  The plaintiff alleged that she was left with a scar on the vocal cord, as well as glottic insufficiency, which interfered with her ability to speak and sing.

The jury found that the defendant provided proper and appropriate treatment and did not depart from the accepted standards of medical practice.

Marc. J. Falcone Successful in Appellate Division

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 was valid and that plaintiff failed to allege any unlawful or wrongful threat that could serve as the basis for a claim of duress.  The appeal briefs were drafted and argued by Marc. J. Falcone.

Mr. Jeffery Cohen successfully obtained a discontinuance on behalf of three prominent New York City ophthalmologists

Mr. Jeffery Cohen successfully obtained a discontinuance on behalf of three prominent New York City ophthalmologists while the matter was scheduled for jury selection.  This discontinuance was obtained due to various discussions with plaintiff’s counsel regarding Mr. Cohen’s anticipated defense strategy and cross examination of plaintiff’s expert(s).

Case dismissed against Richmond County Vascular Surgeons and Plastic Surgeon

Flutra Limani obtained summary judgment dismissal in favor of two Richmond County Vascular Surgeons and a Richmond County Plastic Surgeon. This case involved claims that defendants improperly performed an aorto-bifemoral bypass allegedly leading to multiple complications; failed to timely diagnose compartment syndrome; and improper treatment of a right lower extremity wound. Following oral argument, the Court granted summary judgment on behalf of Ms. Limani’s clients.

Marc J. Falcone obtains a defense verdict on behalf of a prominent radiation oncologist and hospital

Following a 2 week trial, Marc J. Falcone was successful in obtaining a defense verdict on behalf of a large metropolitan hospital and prominent radiation oncologist.

The case was venued in Richmond County and involved allegations that the defendant failed to perform necessary post-radiation imaging studies following treatment of larynx cancer.  The patient’s cancer recurred two years later and a total laryngectomy was performed.  Plaintiff argued that  she could have avoided a total laryngectomy if the recurrence was diagnosed sooner.

The jury unanimously found that the defendant’s care was not a substantial factor in the plaintiff requiring a total laryngectomy.

Marc J. Falcone obtains a defense verdict on behalf of a prominent gastroenterologist

Following a 6 week trial, Marc J. Falcone was successful in obtaining a defense verdict on behalf of a prominent gastroenterologist.

The case, venued in Kings County, involved allegations that the defendant failed to properly treat pancreatitis in a 42-year-old male. Plaintiff claimed that the patient had developed sepsis which resulted in death.

The jury found that the defendant provided proper and appropriate treatment and did not depart from the accepted standards of medical practice.

Congratulations to Shari Steinfeld

Congratulations to Shari Steinfeld on obtaining an Appellate Division, Second Department order in favor of defendant, an internist. Plaintiff commenced an action to recover damages for medical malpractice and wrongful death for failure to properly diagnose Plaintiff’s decedent with a condition known as Stevens-Johnson Syndrome. The Appellate Division ruled that a reversal of the Supreme Court, Richmond County’s judgment in favor of the defendant, was not warranted.

Case dismissed against Richmond County Physicians

Marc Falcone obtained summary judgment dismissal in favor of a primary care physician and a critical care specialist in a Richmond County case where it was alleged that there was a failure to properly and timely treat cholelithiasis (gallstones) and an obstruction of the common bile duct, causing pain, suffering and death of a female patient.  Mr. Falcone was able to prove that the defendants’ treatment of the patient was proper and appropriate and did not cause the injuries and damages claimed.

Case dismissed against Richmond County Physician

Marc Falcone obtained summary judgment dismissal in favor of an obstetrician/gynecologist in a Richmond County case where it was alleged that a total abdominal hysterectomy was improperly performed and that during the same surgery, a foreign object was left inside the patient.  Plaintiff alleged that she had to undergo additional surgeries and that she also developed neurologic injuries.  Mr. Falcone was able to prove that the surgery was performed properly, did not cause any harm to the patient and that the foreign object did not come from the surgery performed by the defendant doctor.

Case dismissed against prominent Richmond County Gastroenterologist

Flutra Limani obtained summary judgment dismissal on behalf of her client, a prominent Richmond County Gastroenterologist in a case where plaintiff claimed defendants failed to properly treat the patient’s gastric bleed resulting in the wrongful death of a 48 year old patient. After filing a motion for summary judgment and oral argument, Ms. Limani was able to prove that the client’s treatment was proper and did not cause any of the alleged damages and the Court granted summary judgment on behalf of her client.

Obstetrician gynecologist in Kings County, New York

Jonathan Erman obtained a defendants verdict on behalf of a obstetrician gynecologist in Kings County, New York. Plaintiffs’ alleged that the failure to perform a c-section resulted in the infant plaintiff suffering from a stroke resulting in left sided hemiparesis. After a 3 week trial, a Kings County Jury rendered a unanimous verdict in favor of our client.

Case dismissed against Emergency Room Medicine Physician and Physician’s Assistant, Pediatric Surgeon, two Radiologists, Pediatrician and a Hospital

Flutra Limani obtained summary judgment dismissal on behalf of her clients (Emergency Room Medicine, Physician’s Assistant, two Radiologists, a Pediatric Surgeon, a Pediatrician and a hospital) in a case wherein it was alleged that defendants failed to diagnose and properly treat the infant patient’s appendicitis resulting in a ruptured appendix requiring surgery and IV antibiotics. Following oral argument of the motions, Ms. Limani was able to prove that her clients’ treatment was proper and did not cause any alleged damages to the patient and the Court granted summary judgment on behalf of her clients.

Case dismissed against two prominent Endocrinologists in Richmond County

Flutra Limani obtained summary judgment dismissal in favor of two prominent endocrinologists in Richmond County in a case where it was alleged that defendants failed to properly manage a patient’s pregnancy and delivery resulting in brain damage in an infant patient. Following the filing of summary judgment motions, plaintiff was unable to refute defendants’ arguments and the Court granted summary judgment on behalf of Ms. Limani’s clients.

Unanimous verdict in favor of otolaryngologist

Carl Erman obtained a defendant’s verdict on behalf of a well known otolaryngologist. Plaintiff’s Estate alleged on behalf of the 19 year old patient that the defendant physician failed to diagnose and treat her nasopharyngeal cancer resulting in her death. A Richmond County jury render a unanimous verdict in favor of our client.

Prominent infectious disease specialist verdict

After a 3 week trial Carl Erman obtained a defense verdict on behalf of a prominent infectious disease specialist. Plaintiff’s Estate alleged that the defendant failed to diagnose and treat Stevens Johnson Syndrome an extremely rare infection.

Surgeon’s defense verdict

John Orbon obtained a defendant’s verdict on behalf of a surgeon. Plaintiff alleged that the defendant surgeon failed to properly perform a sentinel node biopsy resulting in a recurrence of cancer in her lymph nodes. After 4 weeks of trial a Queens jury rendered a unanimous verdict in favor of our client.

Obstetrician-gynecologist verdict

Congratulations to Jonathan Erman who was able to obtain a defendant’s verdict in Supreme Court, Kings County on behalf of an obstetrician-gynecologist.

Verdict in favor of Ophthalmologist

Congratulations to Jeffrey Cohen who obtained a defendant’s verdict on behalf of an ophthalmologist in Supreme Court, Kings County in which plaintiff alleged negligent prescribing of steroids resulting in loss of vision in the patient’s left eye.

Richmond County pediatrician verdict

Congratulations to Jonathan Erman in obtaining a defendant’s verdict on behalf of a Richmond County pediatrician who plaintiff alleges was negligent in failing to perform a catheterization resulting in bladder perforation.

Verdict for Oncologist in Federal Court, Eastern District

Congratulations to Anthony Lenza for obtaining a defendant’s verdict on behalf of an oncologist in Federal Court, Eastern District in an action which received considerable press attention.

Brooklyn obstetrician-gynecologist discontinuance

Marc Falcone was able to obtain a discontinuance for a Brooklyn obstetrician-gynecologist in a matter of alleging an improper delivery resulting in the child suffering from brain damage.