The BPN COVID-19 Team secured pre-answer dismissal in a high profile malpractice claim against our clients, a Brooklyn hospital and several physicians affiliated with the hospital. Plaintiff brought malpractice claims against our clients, who were physicians and a major Brooklyn hospital proudly serving the local community in the darkest days of COVID-19. Plaintiff claimed the […]

The COVID-19 Team is thrilled that it obtained dismissal of COVID-19 wrongful death, gross negligence malpractice and statutory violation claims brought against one of the largest nursing homes in the state of New York. Plaintiff claimed that infection control failures allowed a patient to be exposed to and die of COVID-19. Brian Andrews and Dylan […]

The COVID-19 team is pleased to announce the dismissal of wrongful death, malpractice and gross negligence claims against five physicians a major Staten Island hospital who stood with the community in battling COVID-19. All claims arose from the care of a severely ill COVID-19 patient by the hospital and its clinical staff at the height […]

On October 12, 2023, Chuck Faillace obtained a defense verdict (unanimous) in a hard-fought near month-long medical malpractice trial in Supreme Queens before J. Maurice Muir.  A Frye hearing (J. Catapano-Fox) went in plaintiff’s favor on a damage-only issue on May 1, 2023.  The trial was, very unusually, bifurcated upon defense motion so only liability […]

Miles Reiner recently secured a directed verdict in Westchester County Supreme Court on behalf of an Emergency Medicine physician after a six-week trial. Plaintiff’s counsel alleged that our client improperly treated a premature infant for dehydration thereby causing hyponatremia, seizures and brain swelling which plaintiff’s counsel alleged resulted in permanent cognitive and developmental injuries.  Miles […]

On November 16, 2023, Patricia Comblo and Jeffrey Nichols secured summary judgment in Queens County Supreme Court on behalf of a Queens County dentist. Plaintiffs’ counsel alleged a failure to diagnose squamous cell carcinoma which resulted in the advancement of the cancer and required surgery/chemotherapy. The court initially found that the underlying motion papers sufficiently established […]

On December 6, 2023, Ed Arevalo and Nicole Martone won summary judgment in a medical malpractice case venued in Suffolk County on behalf of two emergency room physicians and a nurse practitioner. Plaintiff alleged that defendants were negligent in failing to diagnose and treat sepsis in a foot wound, allowing and permitting the infection to […]

Vigorito, Barker, Patterson, Nichols & Porter, LLP, was founded on January 5, 2015.  From our original 5 attorneys, we now approach 100.  Along the way, we have added some very talented attorneys and have decided that now is the time to recognize these partners.  As such, we have renamed the firm, adding Mamie Stathatos-Fulgieri, Dylan […]

In a long awaited decision, Megan Lawless and Dylan Braverman obtained dismissal of all claims brought against the firm’s nursing home client based on the federal PREP Act and the state EDTPA immunities. Plaintiff alleged negligence, malpractice, gross negligence, wrongful death and statutory violations against the nursing home based on their response to COVID-19 and […]

Leilani Rodriguez, Mickey Milchan and Dylan Braverman obtained pre-answer dismissal of all malpractice and wrongful death claims against a major Brooklyn, New York hospital. The COVID-19 team argued that the claims were barred by the EDTPA and the PREP Act immunities. Plaintiff countered that the EDTPA was repealed and unconstitutional, that the claims amounted to […]