VBPNP In the News

Arthur Yankowitz and Daniel O’Connell Secure a Directed Verdict

By June 1, 2022 No Comments

On May 11, 2022, in Supreme Court, Queens County, Arthur Yankowitz with the assistance of Daniel O’Connell secured a Directed Verdict at the close of plaintiff’s case on behalf of an Emergency Services Group and a physician.  Plaintiff’s counsel alleged a failure to timely diagnose and treat a  pneumothorax during an Emergency Room presentation which resulted in a more complicated and invasive surgical repair (a 6 day hospitalization) and Post-Traumatic Stress Disorder (PTSD). Plaintiff’s pulmonary expert and psychiatric expert could not causally relate plaintiff’s claimed injuries to the alleged failure to timely diagnose the pneumothorax approximately thirty one hours sooner. In addition, the experts were effectively cross-examined regarding plaintiff’s prior MVA case where plaintiff made similar psychological claims.