After a three-week trial, a unanimous New York County jury rendered a defense verdict in favor of five board-certified neonatologists affiliated with a premier New York City academic medical center.  Plaintiffs claimed that the hospital staff failed to timely administer Synagis, a seasonal immunoprophylaxis designed to reduce risks of respiratory syncytial virus in the pre-term. ...

A Queens County jury determined that a board-certified otolaryngologist/head and neck surgeon met the standard of care when he treated a patient with recurrent olfactory neuroblastoma. This rare cancer of the sinus had recurred in this patient on four occasions by the time of trial. Through the testimony of a nationally renowned Head and Neck ...

Karen Grottalio and Ana Vizzo obtained unanimous defense verdict in a medical malpractice case involving allegations that the defendant gastroenterologist should have included lymphoma in the differential diagnosis and order a biopsy to rule out lymphoma.  The plaintiff, who was represented by one of New York’s top medical malpractice lawyers, claimed that this alleged failure ...

Michael Sullivan obtained a defense verdict in a Supreme Court, Kings County podiatric malpractice case on October 22, 2018.  Plaintiff underwent multiple surgeries by the defendant podiatrist for treatment of recurrent hammertoes.  She claimed that the defendant removed too much bone from her toes and failed to use K-wires during the surgeries.  Plaintiff claimed that ...

Michael Sullivan obtained a defense verdict in a Supreme Court, Suffolk County medical malpractice case on September 26, 2018.  Plaintiff was a 48-year-old attorney who was struck by a motor vehicle while riding a bicycle and suffered comminuted factures of his distal left tibia and fibula.  The defendant orthopedic surgeon repaired the injury the following ...

Michael Sullivan obtained a directed verdict in a Supreme Court, Orange County podiatric malpractice case on August 17, 2018. Plaintiff underwent podiatric surgery to repair an arthritic first metatarsophalangal joint and four contracted, rotationally deformed toes on the same foot. He claimed that the choice of surgery was improper and then also negligently performed, and ...

David J. Robertson recently obtained an appellate victory in Farrell v. Johnson & Johnson, 184 Conn. App. 685 (2018) when the Connecticut Appellate Court affirmed a defendant’s verdict. In this case the plaintiff claimed that a surgeon had failed to properly inform her of the risks associated with a vaginal mesh product that was to be ...

HPM&B recently obtained dismissal of the plaintiff’s Complaint where plaintiff’s counsel failed to timely substitute an Administrator to represent the Estate of the decedent. Plaintiff’s counsel had commenced the action with a Proposed Administrator. Pursuant to the case law, a Proposed Administrator does not have capacity to commence a lawsuit.  HPM&B made a motion to ...

HPM&B recently obtained Summary Judgment on behalf of a Westchester County Hospital where plaintiff’s counsel alleged that there was a delay in diagnosing bladder cancer.  It was further alleged that the delay in diagnosing bladder cancer impacted the plaintiff’s life expectancy. HPM&B moved for Summary Judgment on behalf of the defendant Hospital arguing that the ...

HPM&B recently obtained Summary Judgment on behalf of a home infusion company where plaintiff alleged that the nursing staff affiliated with the home infusion company failed to adequately examine the patient, and failed to timely advise the patient’s treating physician that the patient’s laboratory values revealed that the patient was in renal failure. The patient ...