The New York Court of Appeals Sides with Aaronson Rappaport

The New York Court of Appeals Sides with Aaronson Rappaport Clients: A major metropolitan teaching hospital and an attending surgeon. Type of Case: Alleged improperly performed gastric banding surgery. Background: Plaintiff alleged that after undergoing a gastric banding procedure to treat longstanding morbid obesity, she developed significant side effects, including severe and persistent nausea and vomiting, as well as malnutrition. In preparation for trial, defense counsel sought authorization from plaintiff to conduct ex parte interviews of two non-parties: a gastroenterologist who treated plaintiff after the surgery, and the surgeon who then reversed the first surgery. Plaintiff refused to provide the defense with the

Learn more

Late Attempt to Switch Medical Theories is Blocked

Late Attempt to Switch Medical Theories is Blocked Client: A world-renowned orthopedic surgeon and a prestigious hospital. Type of Case: Alleged negligent performance of left total hip replacement surgery. Background: The plaintiff underwent a cemented left total hip replacement, after which she developed permanent paralysis of the left foot. The plaintiff claimed the defendant orthopedic surgeon utilized excess cement during the procedure, thereby causing the cement to protrude from the hip socket and damage the sciatic nerve. Suit Filed: The case was brought by the plaintiff in New York State Supreme Court, New York County. Action Strategy: Aaronson Rappaport was

Learn more

Key Expert is Precluded, Forcing Favorable Settlement

Key Expert is Precluded, Forcing Favorable Settlement Client:  A large metropolitan medical center and its affiliated physicians. Type of Case:  Claimed negligent gastric bypass surgery and post-operative treatment. Background:  A 53-year-old female plaintiff underwent gastric bypass surgery, developed an anastomatic leak post-operatively and required a re-operation, which led to an extended hospital admission that included intubation.  Plaintiff claimed that the bypass surgery was improperly performed, that there was a delay in re-operating and that the endotracheal tube was misplaced.  She further alleged the traumatic nature of the hospitalization led to the development of “post-traumatic fibromyalgia,” a debilitating rheumatological condition that

Learn more

Successful Motion in Limine Brings Dismissal

The plaintiff alleged negligence during a labor and delivery in July 2001 and claimed the infant sustained fetal distress with resulting cerebral palsy and spastic hemiparesis due to a delay in the performance of a C-section.

Learn more

Preclusion of Plaintiff’s Expert Results in Dismissal

Preclusion of Plaintiff’s Expert Results in Dismissal Client:An attending orthopedic surgeon. Type of Case: Alleged failure to diagnose sarcoma. Background: The plaintiff alleged a delay in diagnosing a retroperitoneal sarcoma in a 26-year-old mother, leading to her death. Suit Filed: The case was brought by plaintiff in New York State Supreme Court, Kings County, a plaintiff-friendly venue. Client’s Concern: The sympathy stemming from the death of a young mother, despite her diagnosis with a devastating disease being independent of any negligence, concerned the client as to what a Brooklyn jury might award the plaintiff. Action Strategy: Aaronson Rappaport attacked plaintiff’s

Learn more
Page 1 of 212

600 Third Avenue
New York, NY 10016
212-593-6700

390 Old Country Road
Garden City, NY 11530
516-281-9600