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Extensive Pre-Trial Investigation Results in Dramatic Reduction of Case Value

March 6, 2015

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. Within 6 hours, while undergoing clinical and laboratory studies, he suffered a sudden cardiac arrest and died. The case presented serious liability issues with plaintiff claiming delayed laboratory workup, failure to perform CT scans, and once the code was called, failure to timely administer blood transfusions. Financial exposure was in excess of $25 million as decedent was a major real estate investor in the revitalized Brooklyn waterfront area.

 

The defense conducted extensive forensic accounting pre-trial investigation, including testimony from co-investors; it uncovered a prior real estate settlement by decedent's spouse thereby effectively reducing the financial exposure by 80%. A most reasonable settlement in consideration of the liability, was effectuated. MCB Trial Partner was Bruce G. Habian. (New York Supreme Court, New York County.)

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