Appellate court affirms dismissal of claims against Florida acute care hospital.

We obtained an appellate decision affirming the dismissal, with prejudice, of a wrongful death lawsuit filed against a long-term acute care hospital in Florida. ​The claim alleged the hospital improperly transferred the patient to another hospital without an adequate handoff and appropriate medications, resulting in the death of the patient shortly after arrival at the receiving hospital. The plaintiff sought damages for medical negligence and intentional infliction of emotional distress.

Dismissal of claims against drug rehab center.

We were successful in obtaining the dismissal of the plaintiff’s corporate negligence claims against an adult inpatient drug rehabilitation center. The plaintiff filed a complaint under wrongful death and survival acts, alleging that the decedent died of unspecified cardiac dysrhythmia while she was a voluntary inpatient resident at the facility. The complaint included claims of negligence/vicarious liability and corporate negligence.

Defense arbitration award in a podiatric surgical malpractice case.

The 55-year-old plaintiff underwent tarsal tunnel surgery. She developed post-operative complications, including infection, and required two additional surgeries, including a sural artery flap graft. The plaintiff gained over 100 pounds after the podiatric surgeries and underwent gastric bypass surgery. She alleged it was required as the result of being sedentary from the podiatric surgeries and complications.

Defense prevails at trial and appellate level in medical malpractice action.

We prevailed at the trial court level and on appeal in a medical malpractice action filed against a Florida hospital and three of its trauma/critical care physicians. ​It was alleged that the patient was overmedicated with narcotics during her 64-day hospital stay, resulting in acute respiratory failure and other complications, which caused her death. The plaintiff’s sole expert on liability and causation was a retired internal medicine physician.

Plaintiff’s complaint dismissed for lack of personal jurisdiction.

In this medical malpractice action, the defendant, a New York doctor with no connection to New Jersey, was sued in New Jersey by a former patient who was a New Jersey resident. The court first found that the defendant did not waive consideration of the issue by waiting until after a dispute concerning the sufficiency of the affidavit of merit was resolved. The court then found that the evidence presented by the plaintiff was simply insufficient to establish either general or specific jurisdiction.

Defense verdict for driver despite his conviction for driving under the influence.

We obtained a defense verdict in a Bucks County case on behalf of a driver despite his conviction for driving at the time under the influence of alcohol and drugs. The accident occurred at an intersection controlled by a flashing traffic light. The defendant was traveling in the direction of the yellow flashing light. The plaintiff testified that he stopped at the painted stop block for the red flashing light.