Verdicts 2019

Diana M. Carlino successfully moved for Summary Judgment in Kings County Supreme Court, dismissing the medical malpractice action against a home health care agency. Plaintiff alleged that the client failed to provide proper wound care to the patient, which necessitated a prolonged hospitalization and subsequent interventions to debride and care for the decubitus ulcer. Attorney Carlino had previously succeeded on her motion to dismiss the wrongful death claim, as barred by the statute of limitations.

Diana M. Carlino and James S. Newfield received a defense verdict in a wrongful death action brought against an internal medicine physician in Hartford Superior Court. In the month-long trial, plaintiff claimed that the defendant failed to screen for lung cancer from 2005-2012, and failed to order a chest x-ray on a visit in 2006 when the patient presented to the physician’s office with chest complaints. The patient was diagnosed with Stage IV lung cancer in 2012 and succumbed to the disease shortly thereafter. Unbeknownst to the physician, a spiculated mass had been identified on a chest CT during a hospitalization in 2004, which was not followed-up on by the attending surgeon or surgical resident. The hospital and surgeon settled their claims prior to trial. Attorneys Carlino and Newfield argued that the 2004 spicule was not the lung cancer that was ultimately diagnosed, and the then-prevailing standard of care did not require lung cancer screening.

Diana M. Carlino obtained a judgment dismissing a wrongful death action against an internal medicine physician in Stamford Superior Court. Plaintiff alleged that the physician failed to enter proper orders regarding nutrition while the patient resided at a Fairfield County nursing home, leading to the patient’s death. Attorney Carlino filed a motion arguing that the summons and complaint were served after the statute of limitations expired.