Results

We defended an OB/GYN in a suit involving complications from a C-Section. The plaintiff had a major post-partum hemorrhage two weeks later and underwent a hysterectomy, thereby losing the opportunity and ability to have additional children. The case was defended on both standard of care and causation, the defense position being that the care was appropriate and that taking the plaintiff back to the OR carried significantly more risks in this situation. The jury deliberated for 45 minutes and found the physician not negligent.

The case involved a woman with significant cardiac problems who suffered cardiac arrest and death. Her estate alleged that our clients, a medical resident and an intern, improperly administered certain pharmaceuticals, leading to her death. The plaintiff originally named two physicians as experts, a cardiologist who was offered to testify to the standard of care, and a physician board certified in occupational medicine, medical toxicology and emergency medicine, who was initially named to give testimony on causation.

We obtained summary judgment in favor of a thoracic surgeon in a mixed medical malpractice/product liability case in New York State Supreme Court, Kings County. ​The claims involved an experimental weight loss device that was inserted and removed by the co-defendants. The device had perforated the plaintiff’s esophagus, and our client was called in to repair the esophagus.

We obtained summary judgment on six defamation claims asserted by a condominium board member against his fellow board members. The cross-motions for summary judgment by the plaintiff and the defendants centered on the depositions of two unit owners who currently reside in Bolivia. These owners testified that one of the defendants made comments that the plaintiff was “nuts” and out to get him.

Defense jury verdict in a case involving an accident on a haunted hayride and a claim of Complex Regional Pain Syndrome. We represented a volunteer fire company that hosts an annual haunted hayride event on its property to raise money. The plaintiff, then a 12-year-old, went to the hayride event as an invitee and was convinced by some teens to help scare people on the wagons at one of the skits in the woods. Without the knowledge of the fire company, the plaintiff joined the teens, got into costume, and began scaring people in wagons as they passed by their skit.

We obtained summary judgment on behalf of a rock climbing center. ​The plaintiff, a certified climber, was injured when she fell from a 25-foot rock-climbing wall at our client's facility. After reaching the summit of the wall, she pushed off to begin repelling down, only to realize that she forgot to connect to the auto-belay system. She fell to the ground and fractured both ankles and underwent open reduction internal fixation surgery.

Successfully defended a petition for permanent total disability benefits, supplemental benefits and penalties, interest, costs and attorneys fees. The judge entered a Final Compensation Order, finding the claimant was not permanently and totally disabled despite a substantial, but not exhaustive, job search.

The order involved multiple petitions filed by a pro se claimant for compensability of contact dermatitis and concrete burns allegedly sustained while working. The judge ruled in favor of the employer on all petitions, finding compensability was previously resolved and the ongoing issues were moot. The judge denied and dismissed, with prejudice, claims for temporary total and temporary partial disability benefits, authorization of medical care, and all corresponding penalties and interest.

In a case centered around a marijuana gummy bear, we used a violation of law defense to successfully defend a national can manufacturer in the litigation of a reinstatement petition. The claimant sustained an uncontested crush injury to his foot, which required amputation of one of his toes. The claimant returned to work to his pre-injury job and, sometime later, tested positive for marijuana during a routine employee drug screen. The claimant was discharged for cause thereafter.

We obtained dismissal of our clients, a local police department and two of its detectives, on a motion to dismiss. The plaintiff, who had been acquitted of the sexual assault of an emotionally disturbed teenage girl, sued the detectives and their department, alleging the detectives should not have arrested him, even in the face of an identification of him as the rapist, his own inconsistent statements, and documentation that he and his victim had checked into a local motel on the date of one of the assaults.