Client: A major New York City hospital and an attending interventional cardiologist.
Type of Case: Claimed femoral nerve damage following a cardiac catheterization.
Background: Plaintiff alleged that femoral nerve compromise resulted from an improperly performed angioplasty and coronary stent placement. His claimed injuries included motor weakness of the right leg, difficulty ambulating and decreased independence in performing daily activities, including getting dressed, traveling and exercising.
Suit Filed: The case was commenced in Supreme Court, New York County.
Client’s Concern: The alleged severity of the client’s injury, the subjective nature of the claimed injuries, hospital record keeping issues and potential sympathy for the plaintiff caused the client to be concerned about potential exposure.
Action Strategy: During the months leading up to jury selection, plaintiff’s counsel requested several adjournments from the court and it became evident the lawyer was having difficulty retaining an expert. The lawyer eventually served an expert witness response after a final court-ordered deadline, in a desperate attempt to avoid dismissal of the case. Aaronson Rappaport’s trial attorney remained suspicious due to inconsistencies in the expert disclosure and, as the law permits, contacted the expert directly to find out if he in fact planned to testify, which he did not. When it became clear the plaintiff’s counsel lied to both the court and defense counsel, Aaronson Rappaport’s trial attorney requested a hearing, which resulted in the court’s dismissal of the case with prejudice.
Result: A problematic case was dismissed prior to jury selection. The client avoided trial costs and potential high six-figure exposure.