The Appellate Division, First Judicial Department, reversed the order of the Honorable Norma Ruiz denying defendant’s motion to dismiss the complaint as time-barred. Samantha E. Quinn argued and the court held that the relation-back doctrine was not applicable to render timely the action against the attending surgeon, who was readily identifiable and not sued until 2 years […]
Quinn Precludes Prejudicial Information (March 2012)
The Appellate Division, Second Judicial Department, reversed the order of the Honorable Alan Scheinkman, denying defendant’s motion to strike plaintiff’s supplemental bill of particulars containing inflammatory and unfounded information. Samantha E. Quinn successfully moved to strike the prejudicial pleading. Plaintiff’s counsel subsequently discontinued the action at trial.
Alleged failure to diagnose meningitis & endocarditis
Muzio v. Napolitano
82 A.D.3d 947 (2nd Dept. 2011)
(reversal of order denying plaintiff an order of protection for HIPAA information)
Samantha E. Quinn
Thapt v. Shahine et al
89 A.D.3d 837 (2nd Dept. 2011)
(affirmed lower court decision dismissing action)
Angela M. Ribaudo
Upshur v. Staten Island Medical Group
Upshur v. Staten Island Medical Group, 88 A.D.3d 785 (2nd Dept. 2012) (physician not proximate cause of injuries allegedly sustained by infant born of diabetic patient, and New York does not recognize cause of action for preconception torts) Thomas K. Wittig
Negligent exam resulting in perforated eardrum and loss of hearing
Alleged failure to diagnose primary lesion
Failure to diagnose Breast Cancer
Baptiste v. Harding-Marin
Baptiste v. Harding-Marin, 88 A.D.3d 752 (2nd Dept. 2011), leave to appeal denied 19 N.Y.3d 808 (2012)