On November 13, 2018, the Honorable Alan Marin, of the Supreme Court, Richmond County, granted Mr. Barker’s motion for a directed verdict on behalf of his hospital client.  Plaintiff claimed the hospital was responsible for the negligent reporting of CT scans of the then 57 year old man who later died from stage IV urothelial cancer.  Mr. Barker moved to dismiss, arguing that plaintiff’s expert testimony failed to establish causation and improperly attempted to create a reporting duty on the part of the radiologist that was not recognized by the Second Department.  The Court agreed and granted the application, dismissing the case with prejudice. 

VBPNP trial attorneys have secured two directed verdicts and won four jury trials since September of this year.