On March 13, 2024, Mamie Stathatos-Fulgieri and Mara Cella won a Motion to Dismiss on the basis of improper service. This action was commenced against a Brooklyn hospital and a physician alleging medical malpractice. Counsel attempted service on both the doctor and the facility by mailing the summons and complaint to the address of the […]
On March 27, 2024, Joshua Cohen and Jesse Wang won a motion to dismiss for lack of legal capacity as to all claims brought against a major New York hospital system. The plaintiff, as the “Proposed” Guardian of an incapacitated individual, brought malpractice claims based on the failure to implement fall and pressure injury precautions, allegedly causing brain […]
On February 7, 2024, Judge L. Grace Spencer, of the Superior Court of New Jersey, Essex County, granted our motion for summary judgment. The action sounded in medical malpractice and concerned claims of a failure to diagnose and properly treat a three-week old infant during an emergency room presentation. The infant’s parents brought him to […]
On December 11, 2023, Alexandra Zerrillo and Jeffrey Nichols secured a summary judgment win on behalf of a Brooklyn venued nursing home client. Plaintiff alleged medical malpractice, negligence, and violations of the Public Health Law against the nursing home defendant based upon an alleged failure to prevent the development and deterioration of numerous pressure ulcers. […]
The BPN COVID-19 Team secured pre-answer dismissal in a high profile malpractice claim against our clients, a Brooklyn hospital and several physicians affiliated with the hospital. Plaintiff brought malpractice claims against our clients, who were physicians and a major Brooklyn hospital proudly serving the local community in the darkest days of COVID-19. Plaintiff claimed the […]
The COVID-19 Team is thrilled that it obtained dismissal of COVID-19 wrongful death, gross negligence malpractice and statutory violation claims brought against one of the largest nursing homes in the state of New York. Plaintiff claimed that infection control failures allowed a patient to be exposed to and die of COVID-19. Brian Andrews and Dylan […]
The COVID-19 team is pleased to announce the dismissal of wrongful death, malpractice and gross negligence claims against five physicians a major Staten Island hospital who stood with the community in battling COVID-19. All claims arose from the care of a severely ill COVID-19 patient by the hospital and its clinical staff at the height […]
On November 16, 2023, Patricia Comblo and Jeffrey Nichols secured summary judgment in Queens County Supreme Court on behalf of a Queens County dentist. Plaintiffs’ counsel alleged a failure to diagnose squamous cell carcinoma which resulted in the advancement of the cancer and required surgery/chemotherapy. The court initially found that the underlying motion papers sufficiently established […]
On December 6, 2023, Ed Arevalo and Nicole Martone won summary judgment in a medical malpractice case venued in Suffolk County on behalf of two emergency room physicians and a nurse practitioner. Plaintiff alleged that defendants were negligent in failing to diagnose and treat sepsis in a foot wound, allowing and permitting the infection to […]
In a long awaited decision, Megan Lawless and Dylan Braverman obtained dismissal of all claims brought against the firm’s nursing home client based on the federal PREP Act and the state EDTPA immunities. Plaintiff alleged negligence, malpractice, gross negligence, wrongful death and statutory violations against the nursing home based on their response to COVID-19 and […]