Phillip HoSang obtains discontinuance at trial as NYS Supreme trial schedule picks up speed.

As NYS Supreme Court trials get back to “normal,” congratulations are in order for Aaronson Rappaport Partner, Phillip HoSang, for his recent success in obtaining a discontinuance for his physician-client at the end of plaintiff’s direct case in Kings County. The client, a Primary Care Physician (“PMD”), was accused of failing to appreciate the plaintiff’s complaints of diarrhea and failing to send the plaintiff for tests that would have led to the discovery of the plaintiff’s ulcerative colitis. The plaintiff was under the care of a gastroenterologist at the time. Plaintiff’s counsel discontinued the PMD after the end of plaintiff’s

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Larry Bloomstein secures Discontinuance during Suffolk County Trial!

Congratulations to ARFD Partner Larry Bloomstein, who started the new year off with a discontinuance during trial in Suffolk County. Larry represented an orthopedic spinal surgeon against claims of improper diagnosis and management of a thoracic vertebral burst fracture.  Plaintiff claimed the development of spinal cord compression that necessitated emergent decompression surgery, which then resulted in lower extremity paraplegia and bowel and bladder incontinence. Larry’s cross examination of plaintiff’s neurosurgery expert aggressively attacked the foundations of the expert’s opinions and revealed that the expert lacked the necessary expertise to offer a reliable opinion on the applicable standard of care, leading

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Second Summary Judgment Win of the Year for ARFD Of Counsel, Patrick Mevs!

ARFD Of Counsel Patrick P. Mevs, with key assistance from associate Mallory Turk, successfully obtained a summary judgment dismissal of all claims against a prominent metropolitan hospital in a claim alleging improper administration of psychiatric medications leading to a fall and significant leg fracture.  Plaintiff claimed that the medications in question were excessive and negligently prescribed, and that the hospital failed to properly monitor her.  Through the use of expert witnesses in the fields of psychiatry and nursing, the defendant hospital successfully argued that its physicians administered the proper levels of medication, and the nursing staff appropriately monitored the plaintiff

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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

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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

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