HPM&B’s Fourth Defense Verdict in One Week Came from Nassau County

HPM&B Partner Michael Sullivan and associate Natalie Hermon obtained a unanimous defense verdict in a Supreme Court, Nassau County medical malpractice case on September 20, 2023 after a one week trial.

Plaintiff was 26 years old when he underwent surgery to have his gallbladder removed in September 2013 by the defendant surgeon at the defendant hospital.  The surgery was completed without complication, but plaintiff was diagnosed with a retained gallstone and that stone required additional surgery six months later.  Plaintiff claimed that the defendant surgeon performed the initial surgery in a negligent manner and improperly left behind a gallbladder remnant/cystic duct remnant which caused the retained gallstone.  Plaintiff also alleged a lack of informed consent.  A Nassau County jury credited the testimony of the defendant and his expert, a highly credentialed surgeon from a major academic institution in the New York Metropolitan area, and they unanimously found that the initial surgery was performed completely appropriately and with plaintiff’s informed consent.