On June 17, 2026, Robert Cecala and Brett Kanter obtained a defense verdict after a two-week trial in New York County!

The plaintiff alleged, and argued at trial, that he sustained a permanent ulnar nerve injury to his dominant hand during a mitral valve repair due to improper positioning and padding of his elbow. At trial, the plaintiff called experts in surgery, neurology, and nursing. Plaintiff testified that his dominant hand was permanently clawed with pain and numbness. The defendants contended, through expert testimony from a neurologist and a cardiothoracic surgeon, that the surgical padding and positioning were proper, as was documented in the hospital chart. It was further contended that notwithstanding proper positioning and padding, an ulnar nerve injury at the elbow was a risk of cardiac surgery, especially here given an anatomic anomaly in the elbow. Prior to summation, plaintiff requested and was granted a res ipsa loquitur jury charge, thereafter asking the jury to award close to two million dollars in damages.

Notwithstanding that the plaintiff was given a charge allowing the jury to infer negligence from the occurrence of the injury, the jury deliberated for only 40 minutes before rendering a complete defense verdict.

Congratulations to Robert, Brett, and the ARFD trial team for another defense verdict on behalf of an ARFD client!