Directed verdict in Kings County for Lawrence Rosenblatt and his trial team

Last week, Lawrence Rosenblatt and his trial team were able to successfully argue at the close of plaintiffs’ case for a directed verdict on behalf of a urologist in a wrongful death action.

It was claimed the patient, a diabetic, deteriorated and died from the effects of septic shock five days after a prostate biopsy and that the death was as a result of the failure to properly place the patient on antibiotics following the procedure and  a failure to appreciate the significance of the patient’s fever after the biopsy.  After the plaintiffs rested, a motion was made to dismiss.  It was argued that the plaintiffs did not establish a relevant question of fact as to the factual underpinnings of the sole hypothetical departure elicited from plaintiffs’ expert and that proper proximate cause was not established.  In dismissing the action, the court agreed with every argument made by the defendant.