Tammy Trees secured a dismissal of the Complaint on plaintiff’s res ipsa loquitur claims in a matter venued in Suffolk County involving treatment by a gastroenterologist. Plaintiff commenced this action to recover damages for injuries to his shoulder and arm that he allegedly sustained while undergoing a biopsy of his pancreas. Plaintiff asserted a single […]
On March 31, 2025, Judge Kathleen Sheedy, of the Superior Court, Monmouth County, granted Mr. Patterson’s motion to reconsider a prior court order denying summary judgment, dismissing the case with prejudice. Plaintiff claimed the defendant oral surgery group failed to timely diagnose and treat oral cancer, leading to the death of a 71 year old […]
Brian Andrews and Dylan Braverman moved to dismiss prior to answering the complaint against a claim of wrongful death, malpractice and statutory violations against a prominent Manhattan Catholic nursing home. Plaintiff asserted a lengthy and detailed complaint alleging that the patient was exposed to and died of COVID-19. This was rebutted pre-answer by the Chief […]
Jennifer Lobaito and Dylan Braverman moved to dismiss a Complaint based on Wrongful Death and Breach of Nursing Home Public Health Law. Plaintiff argued that poor infection control standards allowed the patient to be exposed to and die from COVID-19. The BPN COVID-19 team submitted two affirmation establishing that there was good faith compliance with […]
On February 20, 2025, Mamie Stathatos-Fulgieri, Jesse Wang, and Alexandra Zerrillo prevailed on a motion to reargue before the Supreme Court, Bronx County, on behalf of a New York skilled healthcare facility in a medical malpractice action. In the moving papers, the defense team successfully argued that the Court misapprehended or overlooked matters of law […]
Brian Andrews and Dylan Braverman are very pleased to obtain the dismissal of all death and nursing home violations claims against a Long Island nursing home which provided care during the heart of the COVID-19 pandemic. Plaintiff claimed that longstanding infection control lapses resulted in exposure and death from COVID-19. The BPN COVID-19 Team moved […]
Plaintiff brought claims of wrongful death, lapses in infection control and statutory violations against our client, a Brooklyn, New York nursing home. Jenifer Lobaito and Dylan Braverman moved to dismiss rather than answer, with the support of the Affirmations of the patient’s attending physician and the facility’s medical director. Plaintiff opposed, and in doing so […]
Joshua Cohen won a motion for summary judgment dismissing an action against a major NYC hospital alleging negligence resulting in amputation of the plaintiff’s hand and leg. The plaintiff claimed the hospital failed to prevent, diagnose and treat tissue ischemia and gangrene following a cardiac arrest with the use of vasopressors. It was further alleged […]
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 […]