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Defense Verdict in New York County
Robert B. Gibson obtained a defense verdict in a New York County case for an obstetrician/gynecologist (OB/GYN) and a major medical center in New York City in March, 2008. The case was tried before Judge Joan B. Lobis. The case involved claims that the OB/GYN improperly performed a circumcision on the infant-plaintiff which resulted in ...
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Defense Verdict In Bronx County
On June 26, 2008, Elizabeth Cornacchio obtained a defense verdict in the Bronx County Supreme Court on behalf of a urologist treating a patient with severe benign prostatic hypertrophy (BPH). Plaintiff, then 55 years old,  had had urinary problems for four years and voided approximately every two hours during the daytime and four times during the ...
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Defense Verdict In Bronx County
Anthony M. Heller obtained a defense verdict in a leg amputation case on behalf of a podiatrist on July 28, 2008 in the Bronx County Supreme Court. Plaintiff claimed that the defendant podiatrist, who performed reconstructive rear-foot surgery after plaintiff fell two and one-half stories from a fire escape, delayed in referring him to a ...
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Defense Verdict in Bronx County
On August 7, 2008, Peter DeNoto received a defense verdict in Supreme Court, Bronx County on behalf of a major metropolitan hospital center. The plaintiff sought damages in excess of $2 million for alleged negligent medical care at a major metropolitan medical center.  Specifically, the plaintiff claimed that the staff in the Emergency Room failed to ...
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HPMB Client Exonerated After Trial in Staten Island
A Staten Island jury has exonerated the estate of a pediatrician who was sued for malpractice by a man stricken with polio after changing his daughter’s diaper 30 years ago. The jury simultaneously awarded $22.5 million against the maker of the oral vaccine that passed through her stool. The jury determined that the Orimune vaccine ...
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Defense Verdict In Westchester County
Elizabeth Cornacchio obtained a defense verdict in Westchester County on September 24, 2008 on behalf of  an obstetrician/gynecologist who performed a laparoscopic procedure to evaluate plaintiff’s complaints of pelvic pain.  During the procedure bleeding was encountered which required conversion to a “mini-laparotomy.”  Subsequently the patient has a small bowel evisceration requiring a second procedure to ...
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Defense verdict received in Richmond County
On September 22, 2008, Darshan I. Patel received a defense verdict on behalf of a medical/neurosurgical group following a trial in the Supreme Court, Richmond County. Plaintiff, a former New York City Sanitation Department Worker, alleged defendants performed a spinal decompressive laminectomy at left L5-S1 despite radiological studies indicating a predominately right sided disc herniation. ...
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State Claims Against HPM&B Client, A Maker of MRI Machines, Are Dismissed Under the Federal Preemption Doctrine
Interpreting the Supreme Court’s 2008 decision in Riegel v. Medtronic, Inc., a Westchester County judge has dismissed claims sounding in  negligence and product liability following plaintiffs’ decedent’s death from injuries he sustained while undergoing a Magnetic Resonance Imaging (“MRI”) test.  In Colombini v. Westchester County Health Care Corporation, HPM&B’s client was sued under theories of ...
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Brain Injury Claim Dismissal in New York County
The Supreme Court, New York County (Schlesinger, J.) has set aside a $9.25 million verdict and dismissed a complaint against an HPM&B client, a neurosurgeon who had been found 50% liable.  Plaintiff’s decedent, an heiress to the Mellon fortune, sustained catastrophic neurological injuries when she was struck by a moving truck.  It was alleged that ...
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Appellate Division Upholds Disclosure of Hospital Records Without Patient’s Permission
New York State Mental Hygiene Law section 9.60, also known as Kendra’s Law, allows New York courts to order mandatory assisted outpatient treatment for psychiatric patients. Courts may order a non-hospitalized psychiatric patient to take specific medications, undergo routine urine and blood testing, remain in specified residential living arrangements, and attend weekly counseling. A patient ...
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