Michael C. Mongiello

Secured a significant victory before the Pennsylvania Department of Human Services on behalf of a home health nurse who had been found responsible for child abuse. The case stemmed from the alleged attack of a child-patient by a family pit bull during home nursing care, where it was asserted that the nurse failed to properly supervise and protect the child and did not respond appropriately to the incident. After a three-day hearing, we successfully appealed the determination by establishing that there was no definitive proof the nurse left the child unsupervised, raising questions about whether the dog had any history of aggression, and identifying credibility issues with the family’s testimony. Medical experts also offered alternate explanations for the child’s injuries. Ultimately, the court ordered the expungement of the nurse’s child abuse record. This outcome also created a path to a very favorable resolution of the related civil matter.

Obtained partial summary judgment for an obstetrician in a medical professional liability action, significantly curtailing his client’s exposure. The case arose out of the alleged negligent delivery of a baby, resulting in a shoulder dystocia, right brachial plexus injury and Erb’s palsy. Michael argued that there was a lack of evidence that his client improperly applied traction during the delivery and the judge agreed, granting partial summary judgment on the plaintiff’s gravamen claim of direct negligence. The court also granted summary judgment on claims for res ipsa loquitur and failure to obtain informed consent, and also as to plaintiff’s claim for past medical expenses, due to a lack of proper evidence in support of these claims.

Secured summary judgment on behalf of orthopedic surgeon client based on the statute of limitations despite plaintiff’s claimed application of the discovery rule. After conducting written discovery and deposing plaintiff to solidify that the medical professional liability action was untimely commenced, Michael early filed a Motion for Summary Judgment in an effort to avoid the incurrence of significant additional expense in defending the case through the remainder of the discovery process. At oral argument, the presiding judge commented that the matter was “extraordinarily briefed” and “even better presented.” Michael’s success on the timeliness issue, which is almost always reserved for decision by the jury, brought a quick end to the litigation, in which there were significant liability concerns.

Convinced a Commonwealth Department of State Prosecuting Attorney to voluntarily withdraw a Show Cause Order filed against a veterinary pharmacy, by which reciprocal discipline was sought to be imposed against its professional license. The matter arose out of an egregious pharmaceutical compounding error which caused the death of two race horses. Successfully advocated that due to a subsequent change of ownership, staff and processes, reciprocal discipline was unwarranted and unfair.