The Appellate Division, First Department recently affirmed the trial court’s decision to grant the defendant utility company’s motion to set aside a jury verdict and dismiss the Complaint. Daryl Paxson, Esq. drafted the appeal papers and Daniel Ratner, Esq. orally argued the issues on behalf of the defendant. The First Department found that the trial ...

Partners Adam Dlugacz and Daniel Ratner successfully argued that plaintiffs should be precluded from advancing their theory of causation that the infant-plaintiff suffered silent hypoxic-ischemic encephalopathy due to prolonged exposure to forceful uterine contractions on behalf of a major metropolitan Hospital. In this Bronx County, Supreme Court venued matter, plaintiffs claimed that infant-plaintiff suffered ...

Brendan J. Alt, Esq. recently prevailed at an arbitration involving the apportionment of liability in a medical malpractice case on behalf of a major teaching hospital in Westchester County.  This wrongful death case involved an alleged failure to properly treat a young adult patient who presented to the emergency department in an active sickle cell ...

The Appellate Division, Second Department recently affirmed the lower court’s decision granting summary judgment dismissal on behalf of a prominent teaching hospital in the Hudson Valley.  The case involved an alleged failure to properly perform a retrobulbar block during cataract surgery resulting in blindness.  Brendan J. Alt, Esq. drafted the motion for summary judgment.  ...

HPMB attorneys Matthew Messina and Courtney Lacouture successfully established that the utility company did not create the hazardous condition which allegedly caused plaintiff’s injury, and that any work performed in the vicinity of the fall had been performed by an independent contractor for whom the utility company was not vicariously liable. Accordingly, summary judgment dismissal ...

Michael Sullivan obtained a unanimous defense verdict in a Supreme Court, New York County medical malpractice case on March 6, 2020 after a one week trial. The plaintiff was a 60-year-old physician who underwent surgery on June 4, 2014 to correct a bunion deformity and a hammertoe deformity on her right foot which was causing ...

The Appellate Division First Department unanimously affirmed the lower court’s decision granting HPMB summary judgment dismissal on behalf of a General Surgeon and a major metropolitan hospital in a medical malpractice case involving a robotic cholecystectomy (gallbladder removal), allegedly resulting in injury to the patient’s common bile duct. In New York County, HPMB Partners ...

In 2019, Brendan J. Alt, Esq. obtained complete dismissals of four cases for a prominent New York City teaching hospital including three motions for summary judgment in medical malpractice actions and one motion to dismiss under FRCP 12(b)(6) in a Section 1983 civil rights action.

In a medical malpractice action arising from the premature birth of a neurologically impaired infant-plaintiff, HPMB obtained summary judgment in Kings County on behalf of specialists in Maternal Fetal Medicine and Obstetrics/Gynecology and a major metropolitan Hospital.  Plaintiffs claimed the defendants negligently failed to appreciate plaintiff-mother’s increased risk of preterm delivery due to her history ...

Michael Sullivan obtained another unanimous defense verdict in a Supreme Court, Queens County medical malpractice case on December 6, 2019 after a two week trial.  The plaintiff was 71years old and underwent hernia repair surgery on July 27, 2015. Approximately 24 hours after surgery, the plaintiff suffered an arrest requiring resuscitation and he ended up ...