Accomplishments

On November 21, 2019, Partner, James F. Farrell, Jr., assisted by Senior Counsel, Ann D. Schattner, secured a defense verdict on behalf of a Suffolk County hospital in Supreme Court, Suffolk County. The action was brought on behalf of a then 69 year old married female, with four adult children, who presented to the hospital with complaints of nausea, vomiting, and dizziness. Plaintiff’s counsel claimed there was a failure to timely diagnose and properly treat an ischemic brain stem stroke, which resulted in the patient’s death approximately 10 days later and that the hospital was vicariously liable for acts or omissions of the Emergency Department Attending.

The defense argued that the plaintiff was not a candidate for thrombolytics since her symptoms were non-specific and she woke up with those symptoms. Defense also argued that timely imaging studies and a neurology consult were performed. The defense argued that neither thrombolytics nor aspirin would have been proper, and their usage would not have changed the patient’s outcome.

After a trial that spanned 3 weeks, the jury returned a unanimous defense verdict in favor of our client.

On October 3, 2019, James J. Girvan, assisted by Senior Counsel, Ann D. Schattner, secured a defense verdict on behalf of a Nassau County cardiology group, and its electrophysiologist in the Supreme Court, Nassau County.  The action was brought on behalf of a then 49 year old married male, father of three, with recalcitrant superventricular tachycardia for the alleged negligent care and treatment he received during the course of a coronary ablation performed at a local community hospital. The procedure was complicated by a puncture of the aorta with resultant repair and aortic valve replacement.

Plaintiff’s counsel argued that the EP had advanced the needle without confirming the location of the needle and dilator, and that it was a departure for a sheath to advance to plug a hole even in an emergency, rather than using a guidewire and discussing the case earlier with a cardiothoracic surgeon.

The defense argued the procedure was properly performed with the use of ICE and fluoroscopy, though he experienced a rare but known complication, timely and appropriately treated preventing the patient from exsanguination and death.

After a trial that spanned 3 weeks, the jury returned a unanimous defense verdict in favor of our clients.

On January 29, 2019, Alan J. Fumuso obtained a defendant’s verdict before Judge Terry Jane Ruderman in Westchester County after a one week trial. The Plaintiff claimed that the Defendant Oral Surgeon negligently placed an implant in the area of her first molar on the right side, injuring the inferior alveolar nerve, and resulting in documented and permanent numbness, tingling and altered sensation in her lip and chin. The jury deliberated less than two hours before returning a unanimous verdict on behalf of the Defendant.

On May 30, 2018, Douglas J. Swart obtained a defense verdict after a three-week trial in Suffolk County before The Honorable Peter Mayer. It was claimed by the 56-year-old plaintiff that the defendant neurosurgeon negligently performed a left internal carotid endarterectomy resulting in a disabling stroke and significant brain damage. Plaintiff’s counsel asked the jury in summation to award $4.4 million to his client. The jury deliberated two hours before returning a unanimous verdict for the defendant.