Defense Verdicts – 2009 to 2011

2011

December, 2011

Attorney James Newfield represented an internal medicine physician in a claim for treating possible tuberculosis where the patient subsequently developed neuropathies.
Judge Matasavage, Derby, Ct.

November, 2011

Attorney James Rosenblum defended an internal medicine specialist who was sued, along with a co-defendant GI specialist, in a case involving treatment for diverticulitis causing bleeding in a general hospital. The case was settled following a verdict for plaintiffs against all the defendants.
Curtis. Judge Matasavage, Derby, Ct.

May, 2011

Attorneys James Rosenblum and James Biondo defended an obstetrician in a re-trial involving cerebral palsy and timing of performance of an elective C-Section. Plaintiff’s counsel: Koskoff, Koskoff. Judge DuBay, Waterbury, Ct. After 3 days of deliberations, jury rendered plaintiff’s verdict. The case was ultimately resolved after extensive negotiations.

March 18, 2011

Defense verdict – Attorney James Rosenblum obtained a defense verdict after only 45 minutes of deliberation in a death action after gallbladder surgery. He represented three anesthesiologists and the anesthesia group in the three-week trial in Hartford, Connecticut before Judge Domnarski. An autopsy revealed a lacerated hepatic artery. The plaintiff claimed that vital signs indicated significant internal bleeding and required earlier and more aggressive response. Plaintiff’s attorney was Michael Walsh of Moukawsher and Walsh, Hartford. Plaintiff’s experts were Dr. Dauber, an anesthesiologist from Illinois, Dr. Bowerman, an internist from New York, Dr. Casciato, a hematologist from California, and Dr. Callery, a pathologist from Delaware. The plaintiff claimed that the patient had a bleeding disorder and that the defendants did not appreciate it.

March 14, 2011

Attorney James Biondo obtained a dismissal of action, after completion of jury selection, in a case against an obstetrician. The claim involved failure to diagnose placenta abnormalities, resulting in life-threatening hemorrhage during delivery, and permanent injuries. Dismissal was secondary to a motion to dismiss for failure to provide a supporting good faith letter by a similar health care provider (C.G.S. §52-190a & C.G.S. §52-184c(c)), based upon a recent Connecticut Supreme Court decision. (Bennett v. New Milford Hospital, 2011 WL245565, released January 5, 2011). The case was pending in Bridgeport.

February 28, 2011

Attorney James Newfield obtained a unanimous jury decision for the defendant, a gastroenterologist. The case, brought in Orange County, New York, involved a claim that improper endoscopy caused necrotizing pneumonia, necessitating lung resection with permanent debility. Plaintiff’s firm was Napoli Bern and Ripka, New York, New York.

2010

February 11, 2010

Defense verdict – in 2 1/2 hours in shoulder dystocia / brachial plexus injury case against Koskoff, Koskoff, & Bieder, in Stamford, Ct. Plaintiff’s attorney asked the jury for over $3 1/2 million. The case, Bacco v. OB/GYN Consultants, was tried before Judge Blawie. Plaintiff’s experts were Dr. Adler (New York) and Dr. Borow (Pennsylvania).

2009

October 23, 2009

Defense verdict – in 20 minutes, in complex neurosurgery case and our 5th great result this year. Jim Biondo obtained another great victory against Koskoff, Koskoff, on behalf of a Connecticut neurosurgeon in Danbury, Connecticut. Plaintiff alleged serious, permanent neurological problems. This is one of many cases where a co-defendant blamed another physician and brought that physician into the case, and then settled, financing the case against the remaining defendant.

June 25, 2009

Defense verdict – in complex Anesthesia Case. Jim Newfield won his 7th trial in a row. He obtained a unanimous defense verdict after four weeks of trial, including three days of jury deliberations, in an anesthesia case, Buccheri v. New Britain Anesthesia, before Judge Tancer, in New Britain, Ct. Plaintiffs alleged an overdose of propofol, leading to respiratory depression, oxygen desaturation and cardiac arrest, followed by a stroke with hemiparesis, in connection with an ERCP. The anesthesia was “Monitored Anesthesia Care,” also known as “MAC” or “consious sedation.” Plaintiff’s counsel was Ron Murphy and Roger Kaye, a neurosurgeon. Expert witnesses included neurologists, neuro-radiologists, anesthesiologists, and rehabilitation specialists.

June 22, 2009

Nominal damages awarded in response to $5 Million Demand, Waterbury, Ct. Jim Biondo obtained a phenomenal result in Olivero v. Anesthesia Associates, where plaintiffs asked the jury for $5 million, in connection with a bariatric surgery case. The jury found for plaintiffs, but awarded plaintiff less than $90,000, and attributed most damages to a prior defendant who had settled. The case involved bariatric surgery. After the surgeon had settled, plaintiff continued the action against the anesthesiologist, claiming that the anesthesiologist was responsible for a delay in surgically treating hemorrhage, even though the surgeon had left the hospital and delayed returning when paged. Plaintiff claimed years of treatment, including surgery. Plaintiff was represented by both Kathleen Nastri and Josh Koskoff of Koskoff, Koskoff and Bieder.

May 28, 2009

Mistrial in cerebral palsy case, Waterbury, Ct. After four weeks of trial, and seven days of jury deliberations (over two weeks), Judge Jane Scholl declared a mistrial in a cerebral palsy case. Plaintiffs were represented by both James Horwitz and Kathleen Nastri, of Koskoff, Koskoff & Beider. The case was brought in 2005 and involved a 2003 delivery. Plaintiff’s experts included Dr. Ehrenkranz, a Yale neonatologist, in addition to Dr. Schifrin (OB) and Dr. Pomerance. The case involved histological fetal inflammatory response syndrome in a term infant, with testimony by a placental pathologist and maternal fetal medicine specialist who had done research in fetal inflammatory response syndrome.

January 2009

Defense Verdict. Jim Newfield won his 6th trial in a row, in a New York case involving general surgery, pending in Carmel, NY (Putnam Co.), before Judge O’Rourke. In Mead – Crocco v. GYN, plaintiff alleged that defendant, a gynecologist specializing in cancer surgery, negligently perforated the small intestine, during a procedure to search for recurrent ovarian cancer, which was necessary to biopsy before administering adjuvent therapy. The patient was found to have a perforation and peritonitis, and underwent further surgery, and died a few days after the surgery in question.