Legal Update for Special Education Law – Case Law Update
Legal Update for Special Education Law – Case Law Update
Defense Jury Verdict Won in a Medical Malpractice Case
We obtained a defense jury verdict on behalf of a cardiologist. The patient came to the hospital with chest pain radiating to his arm and shortness of breath. The attending physician ordered a stress test, which was performed by the defendant cardiologist, that was interpreted as normal. The patient was then discharged from the hospital and died from a heart issue within two weeks. An autopsy found significant narrowing of all of the arteries of the heart, including a 90% narrowing in the LAD (i.e. the “widowmaker”).
Defense Verdict Obtained in Binding Arbitration for a Surgical Oncologist
We secured a defense verdict on behalf of a surgical oncologist in a binding high/low arbitration. The plaintiff alleged that the surgeon performed unnecessary surgery on a mass in her left arm, causing permanent scarring, continuous throbbing pain, and severe depression and anxiety. Two imaging studies were highly suspicious for malignancy, but the pathologic examination ultimately determined the mass to be benign and an allergic reaction to Lupron injections, which were given by the co-defendant gynecologist.
Directed Verdict Secured in a High-Exposure Defamation Lawsuit in Florida
We obtained a directed verdict in favor of our client in a high-risk defamation lawsuit. We were called to try the case on behalf of the CEO of a local chapter of a well-known national nonprofit after the plaintiff was permitted to amend the complaint to seek punitive damages from the CEO personally. The plaintiff was a volunteer at a camp. A decision was made to separate him from the camp and the organization. The plaintiff alleged that the CEO personally defamed him by alerting other volunteers and committees of the decision. He demanded an eight-figure sum prior to trial.
Dismissal Affirmed Obtained in a Lawyers’ Professional Liability Case
We secured an Appellate Division decision affirming the trial court’s order dismissing a fraud and fraudulent concealment case filed against various attorneys and broker dealers. In its decision, the Appellate Division agreed with the trial court’s orders and opinions dismissing the case based on entire controversy, collateral estoppel and litigation privilege grounds.
Dismissal Affirmed on Appeal in Ohio Personal Injury Lawsuit
Our motion to dismiss was affirmed on appeal after the Ninth District Court of Appeals found that the plaintiff had sued a non sui juris entity by suing a county department in a personal injury suit. The plaintiff initially filed suit against the department, which was later dismissed without prejudice to allow more time to develop the plaintiff’s medical records. When he refiled his suit, he again named a county department as the defendant. We filed a motion to dismiss, arguing that a county department does not have the capacity to be sued.