Taryn Fitzgerald and Megan Lawless moved to dismiss the negligence, gross negligence, wrongful death, malpractice and statutory violation claims against a prominent nursing home based on the EDTPA and PREP Act immunities. The court granted the pre-answer motion and dismissed this case with prejudice prior to discovery. The court found that the medical record and […]
Dylan Braverman obtained dismissal of all claims against a work-class Manhattan hospital, an ED attending and a New Jersey physician who volunteered to assist during the darkest days of the COVID-19 surge. Plaintiff brought negligence and malpractice claims against BPN’s clients as well as other facilities and physicians. After this case was transferred from another […]
On a motion to reargue the court’s prior decision, Dylan Braverman argued that the court applied the wrong standard of review in denying a pre-answer motion to dismiss all claims against a pulmonologist who was treating a lung cancer patient. Dylan had originally moved on the grounds that the claim was barred due to the […]
Kelly Bronner and Dylan Braverman obtained pre-answer dismissal of all wrongful death, malpractice, negligence and statutory violation claims brought against a prominent Harlem nursing home. Plaintiff claimed that the patient was exposed to COVID-19 during the initial surge of the pandemic in New York City. Kelly and Dylan moved to dismiss pre-answer on the grounds […]
On December 19, 2024, BPN attorneys Dylan Braverman, Nicole Varisco, and Kelly Bronner obtained dismissal of all claims related to alleged malpractice by a Long Island nursing home and its majority shareholder during the COVID-19 pandemic. In the Complaint, it was alleged that the facility was unprepared for the COVID-19 pandemic and failed to properly […]
Dylan Braverman and the COVID-19 Team obtained dismissal of all claims brought against an ED Doctor at a state-owned teaching hospital system. On March 17, 2020, plaintiff appeared at the emergency department. He was diagnosed with a panic attack and discharged. He returned hours later with clear stroke symptoms. It is claimed that the chance […]
Brian Andrews and Dylan Braverman moved to dismiss the wrongful death, malpractice and statutory violation claims against a well-known Long Island rehabilitation center and nursing home based on the EDTPA and PREP Act immunities. The court granted the pre-answer motion and dismissed this case with prejudice prior to discovery. The court found that the affirmations […]
On December 10, 2024, Gary W. Patterson, Jr. secured a defense verdict before Judge Jane Weiner of the Hudson County Superior Court. The 27-year-old male plaintiff claimed the defendant emergency room physician failed to timely diagnose an acute ischemic limb, leading to amputation of his right leg above the knee. The plaintiff later suffered from […]
On November 27, 2024, Charles Faillace secured a unanimous defense verdict before Judge Genine Edwards of the Supreme Court of Kings County. In this podiatric malpractice action, plaintiff claimed that the defendant podiatric surgeon negligently performed a bunionectomy and correction surgery, which allegedly led to gait disturbance, non-union of the first metatarsal, short first metatarsal, […]
Kelly Bronner and Dylan Braverman obtained dismissal of wrongful death, malpractice and statutory violation claims against a major New York City Metropolitan area faith-based nursing home. Plaintiff brought the initial action without capacity to do so. The case was dismissal due to lack of capacity. However, New York law allowed plaintiff to recommence within six-months […]