After an extensive delay due to the ongoing global pandemic, Adam Covitt, with the assistance of Vasilios Lolis, secured a defense verdict on January 14, 2021. This followed a two-week medical malpractice trial in Suffolk County Supreme Court last spring. The case was a wrongful death matter of significant exposure.
The plaintiff had alleged a failure to diagnose colon cancer in a 51-year-old ulcerative colitis patient during several screening colonoscopies. Through successful cross-examination of the plaintiff’s experts, Mr. Covitt was able to establish that the alleged colonoscopy guidelines did not apply to this patient and that his client used appropriate clinical judgment in performance of the procedures. Moreover, he was able to establish flaws in the plaintiff’s expert’s calculation of the alleged tumor size and that the growth rate relied upon by the expert was completely speculative.