Accomplishments

On August 3, 2020, Partner, James F. Farrell, Jr., assisted by Senior Associate, Michelle C. Acosta, secured a defense verdict on behalf of a Suffolk County Neuroradiologist in Supreme Court, Suffolk County. This was a continuation of a medical malpractice action in which the trial had started on February 11, 2020 and continued until March 16, 2020 when trial was suspended due to the pandemic. The trial resumed on July 27, 2020 and resulted in a unanimous verdict for the defendant on August 3rd. The action was brought on behalf of a then 2 month old male in which it was claimed that the defendant failed to diagnose the presence of a arachnoid cyst in the right middle cranial fossa, which was found on an MRI performed 18 months later and had grown to approximately 9 cm in its greatest dimension. Plaintiff’s counsel claimed there was a failure to timely diagnose and treat the arachnoid cyst causing compression of the brain and neurological injuries rendering the child cognitively impaired and in need of lifetime care.

The defense argued that the plaintiff was not injured by the cyst, the child’s brain had failed to develop normally and there was a complete absence of radiological evidence and/or neurological signs or symptoms related to the presence of the cyst. The defense also argued that the subsequent MRI failed to disclose evidence of compression or injury to the brain. The defense also argued that the child’s condition was caused by Autism, which is of genetic origin although a specific genetic defect had not been identified.

After a trial that spanned six weeks before the pandemic and an additional week starting July 27, 2020, the jury returned a unanimous defense verdict in favor of our client despite plaintiff’s request for $5,750,000 in past and future pain and suffering, approximately $3,000,000 in future lost wages and millions of dollars for therapies and lifetime custodial care.

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.