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On March 9, 2023, the Appellate Division, First Department lightened the burden of proof required to recover money damages for the negligent infliction of emotional distress cause of action. The defendant owned a building in Manhattan where a camera with a recording device was found set up to vie...
On February 7, 2023, an appellate court agreed with a New York County Supreme Court Judge who dismissed a medical malpractice claim of unnecessary surgery against a pathologist. The patient/plaintiff had filed suit against his surgeon and a pathologist claiming the removal of his pancreas was unn...
Last week, the Appellate Division reversed a Kings County, New York Supreme Court Justice who granted the motion of New York Methodist Hospital and two obstetricians to dismiss plaintiff's lack of informed consent and malpractice claims. This plaintiff will now have her day in Court before a jury...
On January 18, 2023 an appeals court reversed a Suffolk County, Supreme Court of New York Judge who had dismissed a legal malpractice claim holding that the law firm had not met its burden of proof on a pre-trial motion for summary judgment. The underlying case involved a sanitation worker/pedest...
This case involves an infant, then age 13, who was given two vaccines in 2006 by her pediatrician. After receiving the vaccines, the infant developed significant muscular weakness and she received care from three additional pediatricians in 2006 who successfully moved to dismiss the case filed in 2016 as untimely.
On December 28, 2022, an appellate court upheld a Westchester County bench trial verdict of $1,856,699 against an attorney in favor of an estate despite the lack of privity. The defendant attorney was retained by the first executor to facilitate the administration of the estate of plaintiff's fat...
On December 22, 2022, an appellate court agreed that the malpractice claim of a 58 year old woman, against her internist, of a delay in treating coronary artery disease, may proceed to a jury trial. Based on complaints of fatigue and shortness of breath, the internist had recommended that the pl...
On November 23, 2022, the Appellate Division, Second Department reduced a Kings County jury verdict of $2.9M for past pain and suffering to $1.7M. The verdict was awarded to a 54 year old woman who tripped and fell on a sidewalk maintained by the New York City Transit Authority (NYCTA). The trial...
On December 7, 2022, an appeals court overturned a $1,140,000 jury verdict in favor of a car driver struck by a left turning MTA bus at an intersection in Queens. The court found that the liability verdict was so contrary to the weight of the evidence that no reasonable jury could have reached th...
On December 7, 2022, an appeals court upheld the denial of a summary judgment filed on behalf of a gynecologist. The patient had undergone a hysterectomy for abnormal uterine bleeding during which her left ureter was accidentally severed. The gynecologist-surgeon, Dr. Germain argued that during t...
Is the administration of an allergy injection by a medical assistant that causes an injury a simple negligent act (subject to a 3 year statute of limitations) or the provision of medical treatment (subject to a 2 1/2 year statute of limitations)? On December 7, 2022, an appeals court covering Qu...
On October 20, 2022, a Bronx jury found that physicians at the High-Risk Obstetrical Clinic at Jacobi Medical Center in 2003 had failed to prevent a pre-term delivery at 23 weeks gestation. The young man's mother had a history of an incompetent cervix. In a previous pregnancy the plaintiff's moth...
Yesterday, the Hospital for Special Surgery (HSS) filed a motion to overturn a Manhattan jury verdict that awarded Michael Cox (former NY Giants running back) $28,500,000 in September 2022 for negligently repairing an on-the-field injury to his left ankle. The Associate Director of the Orthopedic...
On October 13, 2022, the Appellate Division, First Department upheld a Manhattan jury verdict of $1,315,000 awarded to a NYC Taxi and Limousine Commission employee against the NYC Transit Authority for injuries suffered when he was struck by an articulated bus. The plaintiff's injuries includ...
On August 17, 2022, the Appellate Division, Second Department upheld the ruling of Suffolk County Supreme Court Justice Sanford N. Berland, who in 2019 lambasted a gynecologist for attempting to enforce an agreement his medical group demanded be signed by all their patients restricting their righ...
Appellate Legal Malpractice In 1896?
On October 5, 2022, an appellate court upheld the finding of a jury verdict against the Town of Hempstead for the wrongful death of a 69 year old Great Neck man who was killed while riding a motorized scooter due to the faulty roadway design. The decedent was riding thru the intersection of Shor...
On September 14, 2022 an appellate court agreed with a Queens County jury that awarded $800,000 for past pain and suffering to a patient of a vascular surgeon. The patient was admitted to North Shore University Hospital and underwent a CT scan which revealed a large mass in her chest. A biopsy of...
Typically appellate courts address whether high verdicts are too excessive, but they do occasionally review claims of unfair low verdicts, especially where a jury finds evidence of a permanent injury but awards zero in compensation for future pain and suffering. On August 31, 2022, an appellate court increased a Westchester County jury verdict by more than $200,000.
On August 3, 2022, an appeals court reduced a Brooklyn jury verdict of $1,800,000 awarded to a Queens County Court Attorney to $500,000. The Court Attorney had words with a female customer at Home Depot who then struck him. The female customer had been ejected from Home Depot moments before her a...
On June 30, 2022, a Staten Island jury awarded $2,716,600 to a patient of a local plastic surgeon. The theory of plaintiff's case was the careless performance of an endoscopic carpal tunnel release that required multiple additional surgeries to address a median nerve injury. It was also claimed t...
On July 27, 2022, the Appellate Division, Second Department sustained a Kings County jury award of $3,000,000 for 5 years of past pain and suffering and $2,000,000 for future pain and suffering to a pedestrian whose foot was run over by a bus. The plaintiff "sustained a crush degloving injury to ...
On July 20, 222, the U.S. Justice Department announced it had filed criminal charges against medical professionals, clinical laboratory owners and telemedicine executives. It is claimed that by their schemes the defendant's intended to bilk Medicare out of $1.2 billion, though actual losses to th...
On July 14, 2022, a Nassau County jury determined what was a fair and reasonable award to a 51 year old (former) electrician injured on the job four years ago. The electrician was standing on a ladder to inspect a dumbwaiter's panel when the fingers of his right hand became trapped between some c...
On July 13, 2022 an appellate court affirmed Nassau County Supreme Court Justice Jeffrey S. Brown who denied a motion for a mistrial requested by plaintiff's counsel after a defense verdict was rendered in a medical malpractice case. Two days after a kidney stone removal procedure (lithotripsy) t...
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