On December 27, 2005, the Appellate Division affirmed the dismissal of a punitive damages claim against our client, a major manufacturer of MRI machines, in a highly-publicized suit arising from the tragic death of a young boy when a ferrous oxygen tank was drawn into the machine’s magnetic field. HPM&B’s Appellate Practice Group successfully argued ...

On January 25, 2007, Robert Gibson, obtained a defense verdict in New York County Supreme Court on behalf of an ophthalmologist and a major laser eye surgery center. The plaintiff claimed that the ophthalmologist and facility committed malpractice in performing bilateral LASEK vision correction surgery and a subsequent enhancement surgery as the plaintiff was not ...

Darshan I. Patel successfully obtained Summary Judgment dismissal on behalf of a major metropolitan hospital in a case in which plaintiff, a former New York City police officer, alleged that our client failed to properly treat and discharge a psychiatric patient. The patient, who suffered from Chronic Paranoid Schizophrenia and had a violent felony history, ...

Karen T. Grottalio, with the assistance of associate Laura S. Murphy, Esq., successfully obtained a decision denying plaintiff’s order to show cause why she should not be permitted to file a late notice of claim on behalf of her infant allegedly injured as a neonate at a local hospital. Although the Court required two separate ...

In September, 2007, Karen T. Grottalio obtained a defense verdict in a medical malpractice case on behalf of a municipal hospital involving an alleged negligent intubation while plaintiff’s treating physicians were preparing the patient for surgery. As a result, the plaintiff underwent an emergent tracheotomy, which caused scarring, subglottic stenosis and required additional surgery. It was ...

Charles Bach obtained a defense verdict for a prominent hand surgeon in October, 2007 in a New York County case in which plaintiff claimed that defendant’s surgical and post-operative care were improper thereby causing the patient to suffer reflex sympathetic dystrophy (RSD) or complex regional pain syndrome (CRPS). Mr. Bach argued that plaintiff suffered an ...

Vincent Gallo recently obtained a defense verdict on behalf of a gastroenterologist who is affiliated with a major medical center in New York City . The claims arose from an alleged failure to diagnose a appendiceal carcinoid with liver metastasis. Plaintiffs alleged that the defendant ignored various findings on a CT report and other clinical ...

On December 4, 2007, Elizabeth Cornacchio obtained a defense verdict for a neurosurgeon charged with the negligent performance of a transcranial procedure to remove a prolactin secreting tumor of the pituitary gland in a 46-year-old man. Plaintiff alleged that failure to perform the surgery transphenoidally was a departure from the standard of care, and that ...

PM&B’s Appellate Practice Group achieved one of the most significant appellate victories in New York in 2007. In DeCrescenzo v. Gonzalez, __ A.D.2d __, 847 N.Y.S.2d 236 (2d Dep’t 2007), a medical malpractice action involving a brain-damaged child, a Brooklyn judge entered a judgment totaling $14 million following a jury trial which was marked by ...

In Duffy v. Vogel, 2007 N.Y. Slip Op. 10075 (1st Dep’t 2007), Marc Hyman obtained a defense verdict in a medical malpractice case involving the alleged failure to diagnose and properly treat a malignant tumor. The trial court later granted plaintiff’s post-trial motion for a new trial on the ground that it had failed to ...