Larry Bloomstein & Trial Team obtain defense verdict in NY County Supreme!

Trial partner, Larry Bloomstein, assisted by partners, Daniel Milstein and Deirdre Tracey, and associate, Marita Williams, obtained a defense verdict in Supreme Court, New York County.  The case involved a nurse with a large, complex, benign polyp within the ascending colon, who underwent an elective, endoscopic polypectomy.  The procedure was complicated by a perforation, for which repair surgery was required, as well as delayed bleeding leading to further repair.  Plaintiff claimed that ARFD’s client, a gastroenterologist, failed to properly provide informed consent for the polypectomy, failed to obtain plaintiff’s permission to have the procedure performed by a visiting physician from another hospital, and neglected to inform plaintiff that the polypectomy would be broadcast live to a remote medical conference of several hundred physicians and nurses.  Plaintiff also alleged fraud and deceit, violations of the Education Law and General Business law, and punitive damages, but those ancillary claims were dismissed prior to trial.  At trial, plaintiff argued she was deprived of the “safer” option of laparoscopic surgery to remove the large polyp, that the GI who performed the procedure was not disclosed until she was about to receive anesthesia, that performing her procedure with a visiting GI in the context of a simulcast medical conference was less safe, and that diagnosis of the colon perforation and subsequent colonic bleeding was delayed.   The defense effectively established that plaintiff was adequately consented from a variety of sources, despite medical documentation deficiencies and claims that certain office and hospital records were suspect; that endoscopy was a preferred and reasonable option, even for a complex polyp; and that the care rendered was within accepted standards.  The jury rejected plaintiff’s request for a seven-figure award, and returned a verdict in favor of ARFD’s client, as well as the codefendants.

Congratulations to Larry and his team for ending the year on a high note with a well-earned win for another ARFD client!