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 […]
Leilani Rodriguez, Mickey Milchan and Dylan Braverman obtained pre-answer dismissal of all malpractice and wrongful death claims against a major Brooklyn, New York hospital. The COVID-19 team argued that the claims were barred by the EDTPA and the PREP Act immunities. Plaintiff countered that the EDTPA was repealed and unconstitutional, that the claims amounted to […]
On November 8, 2023, Mamie Stathatos-Fulgieri and Rani Kulkarni won summary judgment in a medical malpractice case against a major Brooklyn Hospital. Plaintiff’s claims related to the care and treatment rendered during the labor and delivery of the infant-plaintiff allegedly resulting in neurological and cognitive deficits. The defense attacked plaintiff’s claims utilizing experts in multiple […]
Brian Andrews and Dylan Braverman prevailed on their pre-answer motion to dismiss, seeking to enforce the EDTPA COVID-19 immunity against claims of wrongful death, malpractice and statutory violations brought against one of the largest long term care facilities in the state. Plaintiff claimed that the patient was exposed to and then died of COVID-19 during […]
Nicole Varisco, Brian Andrews and Dylan Braverman obtained pretrial dismissal of all claims against their Brooklyn facility. Plaintiff brought malpractice and statutory claims against the facility claiming that improper care led to a hip fracture requiring reconstructive surgery with hardware, a Stage 1 heel pressure ulcer and a Stage 3 pressure ulcer of the sacral […]
On October 31, 2023 John Barker, Kiki Chrisomallides and Rani Kulkarni won summary judgment in a medical malpractice case brought against an individual physician and a major New York hospital. Plaintiff alleged that the defendants negligently performed a colonoscopy/polypectomy which led to a bowel perforation, sepsis, and multiple hospital admissions. Following oral argument, the Court […]
On October 31, 2023 Mamie Stathatos-Fulgieri, Ralph Morales, Rani Kulkarni and Claudine Travers won summary judgment in a medical malpractice case brought against a major Brooklyn Hospital. Plaintiff alleged that the defendants failed to diagnose and treat the plaintiff’s endometriosis, hydronephrosis and ureteral obstruction resulting in the need for a permanent colostomy and hysterectomy. Following […]
In a hard fought win that will impact over 1,000 hotly contested COVID-19 claims throughout the state, Megan Lawless and Dylan Braverman achieved a landmark victory in reversing an Order from New York’s Litigation Coordinating Panel that forced all nursing home COVID-19 era claims to be coordinated for dispositive motions, discovery and pretrial proceedings throughout […]
On October 11, 2023, Kiki Chrisomallides and Daniel O’Connell won summary judgment in a medical malpractice case brought against a major New York Hospital in Richmond County. Plaintiff’s allegations revolved around the development and treatment of decubitus and sacral ulcers during the decedent’s admission to the hospital. The Court held that that defendant had established […]
On October 17, 2023, Gemma Kenney and Seema Palmerson won summary judgment in a medical malpractice case brought against a major New York Hospital and four individually named physicians. Plaintiff’s claims related to the treatment of plaintiff’s labor and delivery, specifically concerning the administration of Cytotec and Pitocin given during plaintiff’s labor. Through the use […]