On December 17, 2019, Gemma Kenney obtained a defense verdict on behalf of an orthopedic surgeon following a two week medical malpractice trial in Suffolk County Supreme Court. Plaintiff alleged the defendant surgeon negligently performed a total knee replacement procedure, injuring her medial collateral ligament and resulting in the need for a revision surgery. The patient claimed pain and suffering for a period of approximately three years, which was the time period between the surgeries. Ms. Kenney successfully demonstrated that the surgery was performed appropriately and that the revision surgery was necessitated by a separate fall, not the surgical technique.
Vigorito, Barker, Patterson, Nichols & Porter, LLP is proud to announce that Timothy Lewis has joined the firm as a Partner in the Palm Beach, Florida office. Mr. Lewis graduated from the University of Notre Dame Law School in 1999. Prior to that, Tim served as a Traffic Homicide Investigator and Detective in the Organized Crime, Vice and Narcotics Unit of the Palm Beach Police Department. Tim’s practice and trial experience involves defending claims throughout the State of Florida. He has specialized in matters that involve catastrophic traffic crashes, construction accidents and defects, legal and medical malpractice claims. We are delighted to welcome Tim aboard.
On November 21, 2019, Dawn Bristol obtained a unanimous defense verdict in a medical malpractice trial in Richmond County Supreme Court. The plaintiff alleged that a nurse roughly turned a 73 year old female patient recovering from an angiogram onto a bedpan, causing a sheath that remained in the right common femoral artery to tear the artery resulting in a large groin hematoma, and wound infection, which spread to the patient’s right hip prosthetic. Ms. Bristol represented the hospital that employed the nurse, who allegedly roughly turned the patient. The patient underwent exploratory surgery with evacuation of the hematoma, was re-hospitalized for a right groin wound infection and several months later was hospitalized again for an infected right hip prosthetic. The patient underwent further surgeries, including removal of the hip prosthesis, and was not a candidate for a replacement hip prosthetic. The defense disputed claims of any untoward actions by the nurse, and argued that there was no evidence that the manner of turning the patient as employed by the nurse was improper, no evidence that the right common femoral artery had been torn, and that the sheath inadvertently became dislodged from the femoral artery, which is a known and acceptable complication of an angiogram procedure.
On November 6, 2019, Vasilios Lolis, with the help of Thomas Jaffa and Neil Mascolo, secured summary judgment in favor of an out-of-possession landlord in Supreme Court, Kings County. Plaintiff claimed that the defendant was negligent in allowing a defect in the structure and design of a car wash to exist, causing plaintiff to be struck by a vehicle in the course of his employment at the car wash. Mr. Lolis argued that an out-of-possession landlord, which was not contractually or statutorily obligated to make repairs to the property, owed no duty to the plaintiff. The Honorable Lara J. Genovesi held that the Defendant established its entitlement to summary judgment through documentary evidence that the landlord only retained the right to enter the land for inspection purposes, and testimony that the landlord was only on the property when government inspections of the abutting gas station were held.
Mr. Lolis further argued that the case did not arise out of premises liability based on a structural or design defect, as the plaintiff had pled it, but rather a pedestrian-motor vehicle accident. Pointing to Margolin v. Friedman, Court of Appeals precedent cited by Mr. Lolis, the court held that the premises merely furnished the condition or occasion for the occurrence of the event, and that plaintiff’s injuries were proximately caused by the negligence of a driver, rather than a structural or design defect of the car wash. The court’s dismissal provided our clients a meritorious, and cost-effective resolution to what would have otherwise been a costly and lengthy trial process.
Vigorito, Barker, Patterson, Nichols & Porter, LLP is proud to announce that Gemma Kenney has joined the firm as a Partner in the Garden City office. Prior to joining VBPNP, Ms. Kenney worked at the Bronx County District Attorney’s office in the criminal court unit. Thereafter, she has devoted her practice to medical malpractice defense working on cases from inception to verdict at trial. She is an active member of her community in the Village of Malverne providing pro bono representation to parents with children with special needs among many other services. We are delighted to welcome Gemma aboard.
Vigorito, Barker, Patterson, Nichols & Porter, LLP is proud to announce that Alexandra Zerrillo has joined the firm as an Associate in the Westchester office. Prior to joining VBPNP, Ms. Zerrillo interned in the chambers of the Hon. Judge Lawrence E. Kahn, a Senior U.S. District Judge for the Northern District Court of New York. We are delighted to welcome Alexandra aboard.
On October 17, 2019, John Barker and Lauren Maloney obtained a unanimous defense verdict following a five week medical malpractice trial in Westchester County Supreme Court. The case involved a colon perforation diagnosed four days following liposuction/abdominoplasty surgery in a 56 year old male. Mr. Barker and Ms. Maloney represented a plastic surgeon who allegedly perforated the patient’s colon with a cannula during the liposuction portion of the surgery. The patient required four subsequent surgeries and was left with significant abdominal scarring secondary to these surgeries and the use of retention sutures. The defense argued that there was no evidence of any departure from accepted practice by the plastic surgeon and the pathology and clinical picture pointed to several more likely causes of the perforation.
Baltimore, MD –
Several VBPNP partners were invited to present at the annual national conference of the American Society for Health Care Risk Management (ASHRM) held on October 13 to 16 in Baltimore, MD.
Gary W. Patterson, Jr. and Scott Singer ironically challenged each other in a Mock Trial presentation to demonstrate the various stages of setting reserves on a lawsuit and the impact of litigation/trial developments. In a sold-out session, the audience served as the jury casting votes electronically.
Hon. Ruth Kraft and Mamie Stathatos-Fulgieri were invited back to present the grave issue of Human Trafficking and the unique opportunity for hospitals and medical facilities to help curtail the staggering statistics associated with trafficking of individuals.
Dylan Braverman joined a panel with Lori Shapiro, Claims Team Lead with Sedgwick, Michael Midgley, VP of Healthcare Risk Engineering at Swiss Re, and Dr. Frank Illuzzi, Chief Medical Officer of City Med, addressing the issues of the aging population in the healthcare setting.
Vigorito, Barker, Patterson, Nichols and Porter, LLP is very proud to announce the opening of our new office in Naples, Florida. Since our founding in 2015, the firm has developed relationships with many national insurance carriers, corporations and health care providers. Our clients have come to expect outstanding results secondary to our creative and relentless approach to each case. We will now bring this level of client service to the Sunshine State. Margaret Antonino will be managing the Florida office.
On September 16, 2019, Mamie Stathatos-Fulgieri and Megan Lawless secured summary judgment in favor of a surgeon and hospital in the Supreme Court, Queens County. The plaintiff claimed that these defendants committed malpractice by negligently performing surgery to retrieve a retained portion of the plaintiff’s intrauterine device (IUD), resulting in additional surgeries, the exacerbation of plaintiff’s pelvic pain and endometriosis, and contributing to plaintiff’s impaired fertility. In support of their motion for summary judgment, the defendants presented evidence that they fully informed plaintiff of the risks of the surgery and that surgery may not be successful in removing the IUD piece or relieving plaintiff’s pelvic pain. The defendants also presented expert testimony that plaintiff’s alleged injuries were not due to any act or omission on the part of the defendants, but rather were caused by plaintiff’s past medical history, including her adenomyosis and history of venereal disease, both of which are known to cause pelvic pain and impaired fertility.
Ultimately, despite repeated requests for extensions to oppose defendants’ motion, the plaintiff did not submit opposition papers and the Hon. Peter J. O’Donoghue granted summary judgment and dismissed the case. The court’s dismissal forestalled the need for our clients to continue with costly litigation and a protracted trial on the merits.