We get results.
Defense Verdict Obtained On Behalf of Local Surgeon
Following a 1½ week trial, Marc J. Falcone was successful in obtaining a defense verdict on behalf of a local surgeon. The case was venued in Richmond County 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.
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.
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.
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).
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.
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.
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.
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.