On May 3, 2017, after an emotional trial in federal court involving the alleged wrongful death of a 31-year-old mother of four, a jury delivered a unanimous verdict in favor of two defendant obstetricians represented by HPM&B partners Chuck Bach and Raphael Berman. The case had a potential jury judgment value of $15 million. At ...

HPM&B recently obtained summary judgment on behalf of a major medical institution in a high exposure medical malpractice action. Plaintiff claimed that defendant failed to timely diagnose and treat viral encephalitis in a then-14 month old infant, causing severe and permanent brain damage. In moving for summary judgment, defendant relied on an expert affirmation setting ...

HPM&B recently obtained summary judgment on behalf of a Surgical Physician Assistant where plaintiff claimed that as a result of the negligence of the defendants, his bladder was inadvertently stapled during a reversal of a colostomy resulting in major urological complications. The plaintiff previously had a colostomy placed for diverticulitis.  Months later, the patient underwent ...

David Robertson and Christopher Blau obtained a favorable decision from the Connecticut Appellate Court, affirming the dismissal of a legal malpractice action. The Appellate Court’s decision reaffirms the foundational principles that there are consequences when plaintiffs fail to comply with discovery and that trial court judges have the power to control discovery proceedings. The Appellate Court ...

In September 2015, following extensive briefing and oral arguments, the New York County Supreme Court granted a motion for summary judgment dismissing a medical malpractice action against an individual physician and major medical institution. In that action, it was alleged that the physician had negligently failed to remove a surgical clip during a robotic prostatectomy. ...

In January 2016, the Bronx County Supreme Court granted a motion for summary judgment dismissing a wrongful death action against an individual physician and major medical institution. This case involved a host of allegations against defendants, including, among other things, the alleged failure to diagnose and treat cardiac ischemia, congestive heart failure, hypertrophic cardiomyopathy, left ...

In January 2016, the Bronx County Supreme Court granted James’ Navarro motion for summary judgment dismissing a wrongful death action against an individual physician and major medical institution.  This case involved a host of allegations against defendants, including, among other things, the alleged failure to diagnose and treat cardiac ischemia, congestive heart failure, hypertrophic cardiomyopathy, ...

Robert B. Gibson, assisted by associate Brendan J. Alt, successfully defended two general surgeons and their private surgical group in a malpractice case which involved alleged improper post-operative management of a ruptured appendix.  The trial spanned 5 weeks and included testimony from 17 witnesses. The plaintiff, a 58-year-old woman, contended that negligent post-operative care caused ...

Robert B. Gibson and Brendan J. Alt successfully opposed plaintiffs’ application for leave of court to file a late Notice of Claim, resulting in dismissal of all claims against a municipal hospital located in Westchester County. The case involved an alleged assault and battery of an autistic minor by a hospital nurse after she was ...

Congratulations to Mike Sullivan for receiving a directed verdict in a dental malpractice case in Kings County.