On behalf of a major medical institution, HPM&B’s Charles L. Bach, Jr. and Jesse Capell opposed a co-defendant healthcare organization’s motion to dismiss based on the lack of personal jurisdiction. The co-defendant, which had previously apologized for harming HPM&B’s client’s patient, argued that it did not have the requisite minimum contacts in New York State ...

HPM&B moved on behalf of a renowned medical institution. The plaintiff, an orthopedic surgeon affiliated with the defendant hospital, alleged that the defendant wrongfully terminated his employment contract and severely damaged his reputation. HPM&B attorneys Charles L. Bach, Jr. and Jesse Capell filed a motion to dismiss based on documentary evidence, arguing that the plaintiff’s ...

Congratulations to Andrew M. Neubardt and Olivia Darius for obtaining summary judgment dismissal of all claims by a plaintiff against a defendant vascular surgeon in Supreme Court, Westchester County.  The plaintiff sustained a vascular injury to the superior mesenteric artery, inferior mesenteric vein, and right renal vein during an appendectomy, resulting in uncontrollable bleeding.  The ...

HPM&B successfully obtained summary judgment dismissal of all claims against a prominent Westchester County teaching hospital in a brain damaged baby case. Plaintiff claimed that the defendants failed to timely diagnose fetal distress and perform a Cesarean section delivery. The defendant hospital successfully argued that its staff appropriately carried out the instructions of the private attending co-defendant ...

HPM&B successfully opposed plaintiff’s application for leave to file a late notice of claim.  After their order to show cause for leave to file a late notice of claim was denied in Queens County for improper venue, plaintiffs filed a summons and complaint and an OSC for leave to file a late notice of claim ...

HPM&B successfully defended a Rockland County hospital in a brain damaged baby case.  Plaintiff claimed that the co-defendant attending obstetrician and the labor and delivery nurse negligently failed to properly interpret the fetal heart rate tracing and that there was a delay in performing a Cesarean section delivery, which resulted in hypoxic-ischemic brain damage to ...

HPM&B successfully obtained a dismissal on behalf of a pediatrician affiliated with a major medical institution.  Plaintiffs, parents of an infant-patient, claimed that the pediatrician improperly reported them to child protective services because of a personal animus towards the parents.  Plaintiffs’ Complaint asserted causes of action for negligence, gross negligence, negligent infliction of emotional distress, ...

Congratulations to Peter DeNoto, Corey Schmidt, and Jesse Lubin for obtaining summary judgment dismissal of all claims by the estate of a decedent against a defendant cardiologist in Supreme Court, Nassau County.  The decedent was on Coumadin, an anticoagulant, to prevent a stroke from atrial fibrillation, which is a form of an arrhythmia.  After examining ...

The Appellate Division, Second Department affirmed a lower court’s decision granting summary judgment dismissing the complaint and denying the plaintiff’s cross motion for leave to amend the pleadings to allege a new theory of liability.  Daniel S. Ratner, ...

HPM&B recently obtained summary judgment dismissal on behalf of a major metropolitan hospital, a Neurosurgeon, and a Thoracic Surgeon.  Plaintiff alleged that that the defendants improperly performed a spinal surgery upon plaintiff, resulting in damage to the surrounding nerves and subsequent pain and numbness.  Plaintiff also alleged that the procedure was unnecessary, contraindicated, utilized a ...