Congratulations to Suhlail Villa for a win last week in Supreme Court, Kings County, wherein the Honorable Francois Rivera dismissed plaintiff’s complaint as to our client hospital based upon plaintiff’s failure to re-commence the action and serve defendants within 6 months as required under CPLR §205(a). The Court held that it did not have discretion to extend […]
John J. Corgan wins in New York County (June 2019)
Congratulations to Jack Corgan for a win this week in Supreme Court, New York County, wherein the Honorable Ellen Rakower found that a ureteral stent was a fixation device and not a “foreign object” resulting in dismissal of the case against our client physician.
Montalvo v. Episcopal Health Services
2019 N.Y. Slip Op. 04158 (May 2019)
(sexual assault perpetrated by an employee is per se not in furtherance of the employer’s business and is therefore outside the scope of employment)
Samantha E. Quinn
Gaylord v. Gentile
Supreme Court, New York; Index No: 805351/2016 (2019)
(motion for summary judgment granted; ureteral stent determined to be a fixation device and not a “foreign object” that would toll the statute of limitations)
John J. Corgan
Unanimous defense verdict in Queens for David Sisskind (May 2019)
Congratulations to David Sisskind for his most recent defense verdict! The 43 year old plaintiff’s case centered around an allegedly negligent bariatric surgery, after which she underwent 30 subsequent surgical procedures, including a complete gastrectomy, splenectomy and gastro-jenunostomy. Plaintiff’s counsel, Robert F. Danzi, demanded $3.5 million to settle the case and asked $5 million of the jury.
Quadriplegia after surgery
Quadriplegia after alleged negligent performance of neurosurgery in 57 year old woman.
Zepeda v. New York City Health + Hospitals Corporation
Supreme Court, Kings; Index No: 504383/2012 (2018)
(denial of plaintiff’s motion for leave to file a late Notice of Claim resulting in dismissal of action)
Case type-alleged negligent performance of bariatric surgery
Case type-alleged negligent performance of bariatric surgery in 43 yr old female resulting in hematoma and fistula requiring 30 subsequent surgical procedures.
Alleged negligent knee replacement
Samantha Quinn obtains reversal and dismissal in Second Department (May 2019)
Congratulations to Samantha Quinn for her most recent win in the Second Department! The May 29, 2019 decision reversed the court below and dismissed the case against St. John’s Episcopal Hospital holding that sexual assault perpetrated by an employee is per se not in furtherance of the employer’s business and is therefore outside the scope of employment.