New York County
At trial, successfully defended major metropolitan hospital in a medical malpractice action involving death of a 33 year old father of 2 children. Plaintiffs claimed that the defendant hospital was negligent in allowing the decedent to develop a hospital acquired pneumonia after surgery. The case was defended with the use of an expert in infectious disease and the jury found no liability against the hospital.
At trial, successfully defended OB/GYN physician in medical malpractice action venued in Kings County. Plaintiff claimed that the physician was negligent in that he failed to order additional radiographic testing to confirm the presence of an ovarian
dermoid cyst. At time of the surgery there was no dermoid cyst found and plaintiff claimed that the surgery was not necessary. The case was defended with the use of an expert OG/GYN and argument that the plaintiff’s clinical signs and symptoms required that the surgery be performed. The jury found no liability against the physician.
At trial, successfully defended emergency department physician and major metropolitan hospital in Bronx County. Plaintiff claimed that the physician and hospital failed to diagnose a severed tendon in plaintiff’s hand resulting in permanent disability to his hand. The case was defended with the use of an expert hand surgeon and infectious disease expert who stated that the plaintiff failed to properly care for his laceration resulting in infection and erosion to the tendon. The jury found no liability against the defendants.
New York County
At trial, successfully defended an ambulatory anesthesiologist in a wrongful death/medical malpractice claim involving the
death of a 42 year old mother of two children who died shortly after cosmetic face surgery. Plaintiff’s counsel claimed that
the defendant anesthesiologist was negligent in that he left the patient with a nurse who was unable to handle an airway
obstruction resulting in the patient’s death. The case was defended with the use of an expert anesthesiologist and it was
argued that the defendant was not responsible for the patient’s death. The jury found no liability against the defendant
At trial, successfully defended a cosmetic surgeon regarding claims of a negligently performed breast augmentation surgery
which caused disfigurement and sagging of plaintiff’s breasts. Plaintiff claimed that the surgery was contraindicated. The
jury found no liability against the surgeon as he advised the plaintiff of the risks, benefits and alternatives to the surgery.
At trial, successfully defended an internist in a claim of wrongful death/medical malpractice. Plaintiff’s counsel and expert
claimed that the decedent needed to be hospitalized for his prolonged infection from diverticulitis. The father of two young
children died from a ruptured bowel due to the prolonged infection. At trial, it was argued that the decedent died from a
sudden spontaneous rupture of his bowel and that this was an unpredictable element of his condition. The jury found no
liability against the defendant internist.
New York County
At trial, successfully defended a major metropolitan hospital in medical malpractice claim involving the delay in diagnosis of
a stroke and failure to use tissue plasminogen activator (“tPA”). Plaintiff’s expert argued that the medication, if given, would
have busted the clot and restored blood flow to the brain. Plaintiff was left with residual deficits in speech and walking. At
trial, it was argued that tPA was not accepted as the standard of care in treating stroke patients as it have a high risk of
causing a hemorrhage. The jury found no liability against the hospital.
At trial, successfully defended electrophysiologist who replaced a pacemaker lead wire causing a tear in the plaintiff’s
atrium. Plaintiff claimed that the physician used of excessive force and caused the tear requiring that plaintiff undergo
lifesaving open heart surgery to repair the atrium. It was argued that the procedure was performed in accordance with
accepted technique and that the tear was a known and accepted risk of the surgery. The jury found no liability against the
New York County
At trial, successfully defended individual physicians and health center in a wrongful death/medical malpractice action.
Plaintiff’s counsel claimed that the physicians failed to recognize that the decedent’s rectal bleeding which warranted a
colonoscopy. Plaintiff was diagnosed with colon cancer 12 months after the initial visit at the health center. At trial, it was
argued that the decedent failed to follow up with the physicians as directed. The jury found no liability against the
After trial, successfully obtained a reversal of the jury finding of liability against a cosmetic surgeon. Plaintiff had a breast
augmentation procedure resulting in rejection of the implant, scarring and disfigurement to her breast. The trial court judge
rejected the defense request for a comparative negligence charge based on the plaintiff’s history of smoking as it could have
compromised her ability to heal post-op. The Appellate Court granted a new trial based on the trial judge’s error in failing to
give a charge of comparative negligence.
At trial, successfully defended driver and car owner in rear end collision which resulted in a claim of injury causing plaintiff to
undergo 13 surgical procedures. Plaintiff’s demand was several million dollars. Case was defended on causation with expert
engineer and surgeon. At trial it was argued that the claimed injuries were not traumatically induced and that the plaintiff’s
injuries were from a degenerative condition. The jury found that the plaintiff’s claim of injury was not caused by the car
Michael J. Morris