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 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 […]
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 Plaintiff countered that the EDTPA was repealed and unconstitutional, that the claims amounted to […]
On November 8, 2023, Mamie Stathatos-Fulgieri and Rani Kulkarni won summary judgment in a medical malpractice case against a major Brooklyn Hospital. Plaintiff’s claims related to the care and treatment rendered during the labor and delivery of the infant-plaintiff allegedly resulting in neurological and cognitive deficits. The defense attacked plaintiff’s claims utilizing experts in multiple […]
Brian Andrews and Dylan Braverman prevailed on their pre-answer motion to dismiss, seeking to enforce the EDTPA COVID-19 immunity against claims of wrongful death, malpractice and statutory violations brought against one of the largest long term care facilities in the state. Plaintiff claimed that the patient was exposed to and then died of COVID-19 during […]
Nicole Varisco, Brian Andrews and Dylan Braverman obtained pretrial dismissal of all claims against their Brooklyn facility. Plaintiff brought malpractice and statutory claims against the facility claiming that improper care led to a hip fracture requiring reconstructive surgery with hardware, a Stage 1 heel pressure ulcer and a Stage 3 pressure ulcer of the sacral […]
On October 31, 2023 John Barker, Kiki Chrisomallides and Rani Kulkarni won summary judgment in a medical malpractice case brought against an individual physician and a major New York hospital. Plaintiff alleged that the defendants negligently performed a colonoscopy/polypectomy which led to a bowel perforation, sepsis, and multiple hospital admissions. Following oral argument, the Court […]