Taryn Fitzgerald and Dylan Braverman obtained a pre-answer dismissal on the pleadings of all claims asserted against a Long Island health system, hospital, and nursing home arising out of care provided during the height of the COVID-19 surge. The Court found that the evidentiary submissions, including an affirmation from the attending physician, conclusively established good-faith […]
Plaintiffs commenced the action in Richmond County, alleging that a patient died after being exposed to COVID-19 in a nursing home in April 2020. Our office successfully obtained dismissal twice on the grounds that plaintiff lacked capacity to commence the action as a proposed administrator. Plaintiffs commenced the action a third time as co-administrators of […]
Gary Patterson and Rachel McGarry secured dismissal of all claims against their New Jersey-based hospital client due to lack of personal jurisdiction. The medical malpractice action involved allegations of negligent medical treatment arising from a lower leg surgery and the resulting injuries. Our team successfully argued that the plaintiff failed to meet his or her […]
Rosemary Martinson and Dylan Braverman secured dismissal of a petition seeking leave to serve a late notice of claim asserting medical malpractice and conscious pain and suffering claims against a major municipal hospital system. Petitioner’s counsel sought to pursue claims alleging negligent care and treatment of a sacral pressure ulcer, which allegedly led to sepsis […]
