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 ...

HPM&B recently obtained Summary Judgment on behalf of a Westchester County Hospital where plaintiff claimed and as a result of the negligence of the defendants, she was forced to undergo reparative knee replacement surgery. The plaintiff had been admitted to the hospital to undergo a knee replacement. The knee replacement was performed by the co-defendant ...

HPM&B recently obtained Summary Judgment on behalf of Dutchess County Hospital where it was claimed that the infant-plaintiff suffered brain damage and a brachial plexus injury as result of the mismanagement of labor and delivery. The plaintiff-mother had been admitted to the Hospital to undergo induction of labor.  Plaintiff’s counsel argued that the labor and ...

HPM&B recently obtained Summary Judgment on behalf of an Ambulance Company where plaintiff alleged that the infant-plaintiff suffered catastrophic brain damage as the result of the negligence of a paramedic employed by the Ambulance Company. The infant-plaintiff was born in an upstate New York Hospital.  Due to the condition of the child at delivery, a ...

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 ...

Michael Sullivan obtained a defense verdict in a Supreme Court, Richmond County medical malpractice case on October 20, 2017.  Plaintiff’s decedent was 71 years old when he was admitted to the defendant hospital for colon cancer surgery.  Post-operatively, the decedent became hemodynamically unstable in the post anesthesia care unit and he had an introducer sheath ...

In a September 19, 2017, decision, the Appellate Court of Connecticut unanimously affirmed a defense verdict obtained by Madonna A. Sacco, Matthew M. Sconziano, and Keith M. Blumenstock against a plaintiff represented by Koskoff, Koskoff & Bieder in a medical malpractice case, which followed a jury trial that spanned more than three months. The plaintiff ...

Plaintiffs alleged that a now 12-year-old boy suffered a severe right hemiparesis, cognitive delays and impaired speech as a result of labor mismanagement.  On behalf of HPM&B’s clients, a major academic medical center and several maternal fetal medicine specialists, HPM&B partners Chuck Bach and Patricia Thornton sought a Frye/Parker hearing to test the reliability of ...