Defense Verdict in New York County

Michael Sullivan obtained a defense verdict in a Supreme Court, New York County physical therapy malpractice case on July 7, 2017. 

Plaintiff was 57-years-old and receiving outpatient vestibular therapy at a New York City hospital after undergoing two procedures for the treatment of arteriovenous malformations. Four months into her therapy, plaintiff tripped and fell while doing a particular exercise and she suffered a fractured hip. Plaintiff claimed that the exercise being done at the time of the fall was negligently ordered and beyond her capabilities. She also claimed that her supervision by the vestibular therapist was inadequate and the therapist should have intervened in order to avoid the fall.

Mr. Sullivan established through the testimony of plaintiff herself, the treating therapist, and a vestibular therapy expert, that plaintiff was a high level patient with many years of experience doing the particular exercise before she began her vestibular therapy. He also established that the exercise was appropriate four months into plaintiff’s course of vestibular therapy, and that the treating therapist was in proper proximity to the patient when she suffered her unpreventable fall. 

After six days of testimony before the Honorable Nancy Bannon, the jury rendered a defense verdict.