Case Results

Senior Trial Partner John J. Barbera recently obtained a malpractice defense verdict in Supreme Court, Dutchess County. The case involved an 81-year-old previously ambulatory woman who was permanently confined to a wheelchair following hip replacement surgery.

Senior Trial Partner Peter T. Crean recently won an appeal in the Appellate Division, First Department dismissing the plaintiff’s legal malpractice action.

The infant-plaintiff was born in 1988 with a vestigial tail at the base of his spine. He contended that that cutaneous marker was a well-known sign of possible underlying spinal dysraphism.

A Staten Island judge dismissed plaintiff’s complaint for brain damage, allegedly sustained as a result of the defendant neurologist’s failure to timely diagnose a brain tumor, at the close of plaintiffs’ proof during trial.

A 50-year old patient, with a long history of bowel obstructions, bowel resection, extensive abdominal adhesions, and chronic pain medication addiction was admitted to the Hospital for additional bowel pathology workup.

A former superintendent of an upstate school system was referred to our client urologist because of an increased PSA level. During the work-up, our client urologist detected microhematuria in the urine and performed a work-up on the patient..

Multiple plaintiffs filed a suit against a major health system and numerous defendants alleging that defendants fraudulently induced patients to undergo useless treatment.

The Court of Appeals, New York’s highest court, recently issued a unanimous reversal in defendants’ favor, in an appeal briefed and argued by Ellen B. Fishman. The plaintiff sued eight years after undergoing cardiac surgery

A 29-year-old woman was admitted for a labor and delivery with her first child and Pitocin was used to augment the patient’s labor, which initially proceeded well. Subsequently, an emergency cesarean section was performed because of an arrest of decent.

A woman in her mid-fifties with a history of cervical disc disease had a prior fusion of two vertebrae in her neck at the C5-6 level, employing hardware. Our client, an experienced neurosurgeon, detected a further problem at the C3-4 level, and fused that level.