Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP

Transcription

1 Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP

2 The Law Firm of Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP 575 Eighth Avenue, 14 th Floor 709 Avenue, White Plains, (212) (914)

3 Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP Firm History and Experience Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP has maintained a longstanding tradition of successfully defending health care providers and medical institutions since its founding nearly 30 years ago. With two fully-staffed offices and two dozen attorneys, we are well armed to provide personalized service in both State and Federal courts throughout and New Jersey. Our partners are seasoned, experienced trial and appellate attorneys who have defended the most demanding cases against the most formidable opponents with consistently excellent results. Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP provides services to its clients in a most cost-effective manner by relying upon its years of experience and expertise in the field of medical malpractice defense. We are acutely aware that every dollar spent on verdicts, settlements or legal fees is a dollar not available for patient care, and view ourselves as part of the team committed to promoting quality health care by providing the best and most cost-effective representation of our clients. We have expert trial attorneys who consistently win cases in the most difficult venues as well as talented attorneys pursuing all avenues to evaluate and resolve matters at the earliest possible juncture. We utilize the latest technology and have adept support personnel assuring that our time is economically spent advancing the client s defense. Naturally, our attorneys are familiar with the local courts and judges and capable of handling several calendar matters simultaneously, avoiding duplication of travel costs and multiple appearances. Our trial attorneys are truly talented litigators and experts in the trial of complex medical malpractice matters including hypoxic ischemic brain injury, Erb s Palsy, paralysis and wrongful death. Our appellate attorneys are highly skilled writers and researchers who handle not only appeals but also trial applications, post-trial motions and complex motion practice. Every one of our files is carefully analyzed to assess its potential for procedural or legal dismissal, so that our clients are effectively counseled regarding their options at the earliest possible stage. We have consistently delivered favorable outcomes to our clients in the form of defense verdicts, summary dismissal upheld on appeal and favorable settlements.

4 Our partners provide 24-hour on call legal assistance to hospital administrators and risk management departments and have been called and have responded promptly to numerous emergent matters requiring immediate legal input. We have provided counsel in numerous Office of Professional Medical Conduct and regulatory matters and have also conducted investigations and provided assistance to various hospitals and health care institutions responding to Department of Health Statements of Deficiencies. Our firm includes skilled attorneys experienced in responding to sentinel events with detailed staff briefings and comprehensive, confidential analyses. These early investigations enable the client to identify root cause factors in the hopes of reducing the risk of such events occurring in the future. In addition to successfully counseling and defending ongoing matters, we have also played a seminal role in trying to educate hospital personnel with an eye toward reducing the number of future lawsuits or regulatory investigations. In connection with our representation of our clients, we have conducted numerous in-service lectures and mock trials. Our partners meet and consult with our risk managers on a frequent basis to discuss issues which should be the focus of future in-service presentations or seminars thereby identifying those areas of practice which are most problematic to defend, and where, with improvement, litigation can be limited or more successfully defended. By employing our two-pronged approach - vigorously defending cases once they are brought, and trying to educate personnel to avoid future litigation - Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP helps reduce the cost of litigation to our clients. Our reputation for mounting a strong defense and our willingness to litigate defensible claims forcing plaintiffs attorneys to prove their cases has no doubt helped discourage frivolous lawsuits against our clients. We also believe our education of key personnel has helped to reduce the type of avoidable mistakes which foster litigation. Our mission is to support our clients in their delivery of health care by expertise, avoidance of duplicative efforts and the willingness and skill to staunchly defend and try our cases to verdict.

5 Partner Profiles RICHARD W. NICHOLSON Mr. Nicholson has been with the firm since 1983, and has been a partner since He received a Bachelor of Arts degree from Colgate University and a Juris Doctor degree from the St. John's University School of Law. Mr. Nicholson is an expert in the trial of complex medical malpractice matters, including cases involving hypoxic ischemic brain injury and Erb s Palsy. He has also handled numerous OPMC investigations of individual physicians and counseled hospital clients during the course of Department of Health investigations and other Quality Assurance matters. Mr. Nicholson has been a featured lecturer on videotape for the State Medical Society, a regular lecturer to the physicians and nurses of the City Health and Hospitals Corporation, and a guest lecturer at the Community College School of Nursing regarding nursing liability and malpractice. He has also lectured extensively on suit avoidance in the fields of obstetrics and gynecology, surgery and emergency medicine. JOHN J. CORGAN Mr. Corgan has been a member of the firm since Before that he was a trial attorney with the Law Offices of Anthony L. Schiavetti, Esq., and with the firm of DeBlasio & Meagher. He was also associated with Pfizer, Inc. and their lead outside counsel, Gibson, Dunn & Crutcher, Esqs. in City. Mr. Corgan has tried over a hundred cases to verdict in matters of the highest complexity against the most formidable adversaries. He holds a Bachelor of Arts degree from the State University of at Stony Brook and Juris Doctor degree from Fordham University School of Law. GERALD D. DiEDWARDS Mr. DiEdwards has been with the firm since 1992, and has been a partner since Prior to that, he was a partner with Lieber & DiEdwards and an associate with Bower & Gardner. He has extensive trial experience. He received a Bachelors of Arts degree from Fordham University and a Juris Doctor degree from Pace University School of Law.

6 DAVID W. SISSKIND Mr. Sisskind has been with the firm since 1986, and has been a partner since He has a Bachelor of Arts degree from the State University of at Albany, and a Juris Doctor degree from Brooklyn Law School. Mr. Sisskind is a member of both the New York and New Jersey Bars, State Trial Lawyers Association, New Jersey Trial Lawyers, and is a seasoned trial attorney. He has conducted risk management seminars on suit avoidance in the medical profession, as well as seminars regarding loss and suit avoidance in the general liability field. He has written and conducted numerous mock trials for our hospital clients as well as general Liability clients. CARL D. WEINBERG Mr. Weinberg has been with the firm since 1986, and has been a partner since Before coming to the firm, he was a trial attorney with the firm of Bower & Gardner and served six years as a prosecutor in Florida, where he was appointed Special Prosecutor by Governor Bob Graham. He holds a Bachelor s degree from Beloit College and a Juris Doctor degree from Case Western Reserve University. ERIC R. MISHARA Mr. Mishara has been with the firm since 1986, and has been a partner since He received a Bachelor of Arts degree from the University of Vermont and a Juris Doctor degree from Law School. Mr. Mishara worked as a Law Clerk for the Honorable Gilbert Ramirez, Supreme Court of the State of, Kings County, and was on the Washington, D.C. staff of Silvio O. Conte, a member of the United States House of Representatives. In addition to his extensive trial work, Mr. Mishara has counseled physicians on matters relating to employment and health care related issues. KAREN P. RYAN Ms. Ryan has been associated with the firm since 1994, and became a member in Prior to coming to the firm, she was a litigator with The Legal Aid Society, Criminal Defense Division, handling felony and misdemeanor cases to verdict. In addition to criminal cases, she has tried cases in the areas of medical malpractice, legal malpractice, construction and automobile accidents. Ms. Ryan graduated with Honors from Fordham University with a Bachelor of Arts degree and earned a Juris Doctor from Pace University.

7 SAMANTHA E. QUINN Ms. Quinn has been with the firm since 1994, and became a partner in She has been the managing attorney in the office since 2002, and heads the office s appellate practice. Ms. Quinn has briefed and argued appeals in s highest Court, the Court of Appeals, as well as s First and Second Appellate Departments. Ms. Quinn also handles complex motion practice and has published several articles in risk management periodicals. She has handled Office of Professional Medical Conduct investigations for individual physicians and counseled hospital clients during the course of Department of Health investigations and other Quality Assurance matters. Ms. Quinn has a Bachelor of Arts with Honors in History from Brown University and a Juris Doctor from Boston College Law School. JOHN E. BAROUS Mr. Barous has been with the firm since 2001 and became a partner in He received a Bachelor of Arts degree from St. John's University and his Juris Doctor degree from New York Law School. He served as a Clerk of the Honorable Budd Goodman, Supreme Court of the State of, County and was admitted to the United States Supreme Court in April of Mr. Barous has devoted a large portion of his legal career to the City of in either the defense of municipalities against civil lawsuits, as Assistant Counsel for the Mayor's Office of Midtown Enforcement, or as an Agency Attorney III for the City Department of Correction. TERRENCE E. DEMPSEY Mr. Dempsey has been with the firm since December 2000 and became partner in He received a Bachelor of Science in Business Administration from Villanova University in 1989 and a Juris Doctor degree from St. John's University School of Law in He has worked in the medical malpractice field as well as other areas of personal injury litigation. Prior to coming to the firm, he was in-house counsel to Nationwide Insurance and was a civil litigation associate representing the City Police Department PBA.

8 MAUREEN M. ARCIERO Ms. Arciero joined the firm as a partner in Prior to that, she was a founding partner in the firm of Benvenuto, Arciero & McAndrew. Ms. Arciero received a Bachelor of Arts from Siena College and her Juris Doctor degree from Law School. The focus of her career is the defense of physicians, hospitals and nursing homes in medical malpractice litigation. She has previously served as in-house trial counsel to Physicians Reciprocal Insurers and was previously associated with Shaub, Ahmuty, Citrin & Spratt and Bower & Gardner. Ms. Arciero has lectured extensively to the faculty and staff of numerous metropolitan facilities and has served as the faculty speaker at a number of National Conventions for the College of American Pathology. ANGELA M. RIBAUDO Ms. Ribaudo has been with the firm since 2003, and became a partner in She received a Bachelor of Science degree from St. John s University and her Juris Doctor degree from City University of School of Law. She has briefed and argued appeals in s First and Second Appellate Departments and in the United States Court of Appeals for the Second Circuit. In addition to medical malpractice, she has litigated 42 U.S.C and 1983 claims, personal injury and labor law cases. Ms. Ribaudo has counseled physicians before the Office of Professional Medical Conduct, the State of New Jersey Office of the Attorney General and the New Jersey State Board of Medical Examiners on health care related issues. Prior to coming to the firm, Ms. Ribaudo was a contract attorney for the U.S. Department of Interior, Office of the Solicitor. ANTHONY L. SCHIAVETTI Of Counsel Mr. Schiavetti, a former City police officer, has been a member of the legal profession for nearly 50 years. Beginning his legal career in the managing attorney s office of White & Case, he became a trial attorney with Martin, Clearwater & Bell in In 1972, he was trial partner at McAloon, Friedman & Schiavetti, and in 1974 he became the attorney of record for the Medical Malpractice Defense Division of Wausau Insurance Company. In 1982, he founded the firm of Schiavetti, Begos & Nicholson, which is now known as Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP. He received a Bachelor of Science degree from Fordham College and a Juris Doctor degree from Fordham University School of Law.

9 PARTNERS Maureen M. Arciero John E. Barous John J. Corgan Terrence E. Dempsey Gerald D. DiEdwards Eric R. Mishara Richard W. Nicholson Samantha E. Quinn Angela M. Ribaudo Karen P. Ryan David W. Sisskind Carl D. Weinberg ASSOCIATES Adam V. Acuff Dena T. Berke Stephanie J. Campbell Ivette De La Cruz Cristina A. Di Maria Joseph Dugan Frank Dumont David M. Javer Robert S. Mancher Kenneth J. Mastellone Namita K. Mehta Edward R. Nicholson Jessica C. Strout Marco Q. Tedeschi Thomas K. Wittig Victoria L. Vernicek Suhlail C. Villa

10 Significant Legal Precedents Alcala v. Soundview Medical Center, 77 A.D.3d 591, 909 N.Y.S.2d 359 (1 st Dept. 2010) (decision denying leave to amend bill of particulars affirmed) Anderson v. Lamaute & Moise, 306 A.D.2d 232, 761 N.Y.S.2d 87 (2 nd Dep t 2003) (summary judgment where plaintiff failed to establish proximate cause) Baptiste v. Harding-Marin, 88 A.D.3d 752, 930 N.Y.S.2d 670, (2 nd Dep t 2011), leave to appeal denied 19 N.Y.3d 808, 950 N.Y.S.2d 106 (2012) (affirmed lower court decision dismissing action as untimely based upon failure to establish continuous course of treatment) Beltrez v. Chambliss, 68 A.D.3d 681, 890 N.Y.S.2d 825 (1 st Dept. 2009) (dismissal of plaintiff s case affirmed) Benjamin v. Holder, 204 Fed. Appx. 979 (2 nd Cir. 2006) (summary judgment of plaintiff prisoner s 1983 claim affirmed) Berkowitz v. Gillen, Supreme Index # /95 (2000) ($315,000 verdict for pain and suffering following breast reduction reduced to $245,000 during pendency of post-trial motion) Brinkman v. Davis, Supreme Suffolk Index #1097/99 (2009) (affirming defense verdict of claim of alleged negligence in performance of spinal surgery) Bronx Lebanon Hospital Center v. Wiznia, 284 A.D.2d 265, 726 N.Y.S.2d 847 (1 st Dep t 2001) (summary judgment affirmed as to liability on employment law claims) Burke v. Beyer, 100 A.D.3d 425, 953 N.Y.S.2d 207 (1 st Dep t 2012) (affirmed summary judgment for defense in claim of failure to appropriately treat acute renal failure and diabetic ketocacidosis resulting in death) Carman v. Abter, 751 N.Y.S.2d 483, 2002 N.Y. Slip Op (1 st Dep t 2002)

11 (Medical malpractice; summary judgment properly granted) Chiu-Caranese v. DeMeo, 2 A.D.3d 766, 769 N.Y.S.2d 729 (2 nd Dept. 2003) Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP (affirming jury defense verdict; court properly allowed testimony of defense expert based on notice in 3101(d)) Cordero v. Kaiser Organization, Inc., 288 A.D.2d 424, 733 N.Y.S.2d 234 (2 nd Dep t 2001) (Labor Law 241(6) claim correctly dismissed) Crucen v. Leary, 55 A.D.3d 510, 867 N.Y.S.2d 49 (1 st Dept. 2008) (malpractice case properly dismissed for failure to comply with requirements of National Childhood Vaccine Injury Act) Dweck v. Bridge Transportation, 12 A.D. 3d 560, 786 N.Y.S.2d 189 (2 nd Dep t 2004) (summary judgment precluded in property damage and subrogation action) Fontanez v. Lazarus, et al, 68 A.D.3d 558, 889 N.Y.S.2d 844 (1 st Dept. 2009) (affirmed lower court s decision to vacate award of summary judgment to defendant) Gilroy v. McCarthy, 678 N.Y.S.2d 644, 678 N.Y.S.2d 644 (2 nd Dep t 1998) (waiver of physician-patient privilege properly found where plaintiff disclosed family history at deposition) Harford v. Hippolyte, Supreme Kings Index #32282/06 (2009) ($2,200,000 verdict for Erb s Palsy settled for $1,350,000 during pendency of post-trial motion) Jurado v. Kalache, 93 A.D.3d 759 (2 nd Dept. 2012) (reversed court below and granted motion to strike second supplemental bill of particulars improperly alleging prejudicial and unfounded statutory violations) Liew v. University Medical Center, 55 A.D.3d 566, 865 N.Y.S.2d 278 (2 nd Dept. 2008) (denial of disclosure of non-party organ donor s records in subsequent malpractice litigation affirmed) Mathews v. Bank of America, (denied defendants' summary judgment motion and sua sponte granted summary judgment as to plaintiff)

12 Muzio v. Napolitano, 82 A.D.3d 947, 919 N.Y.S.2d 64 (2 nd Dep t 2011) Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP (reversal of order denying plaintiff an order of protection for HIPAA information) O Neill v St. Vincent s Medical Center of Richmond, Supreme Richmond Index # 11283/02 ($1,000,000 verdict for pain and suffering for wrongful death from pulmonary embolism settled for $800,000 during pendency of post-trial motion) Peterson v. Stratford, 677 N.Y.S.2d 492, 677 N.Y.S.2d 492 (2 nd Dept. 1998) (protective order granted with respect to questions seeking privileged information) Pichardo v. Herrera-Acevedo, 77 A.D.3d 641, 908 N.Y.S.2d 446 (2 nd Dept. 2010) (decision denying summary judgment reversed; case dismissed; affirmed on re-argument and leave to appeal denied) Pol v. Tabaddor, 51 A.D.3d 430, 857 N.Y.S.2d 102 (1 st Dept. 2008) (affirming trial court s granting of judgment notwithstanding the verdict of a $9,792,412 verdict against neurosurgeon where plaintiff failed to establish proximate cause) Prato v. Arzt, 79 A.D.3d 622, 912 N.Y.S.2d 881 (1 st Dept. 2010) (decision denying motion to change venue affirmed) Quinones v. Waltz, 685 N.Y.S.2D 726, 685 N.Y.S.2d (1 st Dept. 1999) (medical malpractice and products liability; partial summary judgment properly granted) Ramirez v. Cruz, 92 A.D.3d 533, 938 N.Y.S.2d 540 (1 st Dep t 2012) (affirming summary judgment of failure to diagnose cancer) Rivera v. Greenstein, 79 A.D.3d 564, 914 N.Y.S.2d 94 (1 st Dept. 2010) (judgment notwithstanding verdict granted; $3,000,000 verdict dismissed; affirmed on re-argument and leave denied) Rosenman v. Shrestha, 48 A.D.3d 781, 852 N.Y.S.2d 378 (2 nd Dept. 2008) (denial of summary judgment affirmed) Santiago v. Nyack Hospital, 68 A.D.3d 845, 889 N.Y.S.2d 494 (2 nd Dept. 2009)

13 (order denying request for dismissal affirmed) Scalisi v. Oberlander, 96 A.D.3d 106, 943 N.Y.S.2d 23 (1 st Dept. 2012) (issues of fact precluded summary judgment) Sedita v. Salvatore, Queens County Index #26692/05 (2008) (Evidence sufficient to support jury s verdict in alleged negligent diagnosis of Crohn s Disease Case) Shirinova v. City Health and Hospitals Corporation, 34 A.D.3d 442, 824 N.Y.S.2d 137 (2 nd Dept. 2006) (defendants expert disclosure sufficient to satisfy requirements of CPLR 3101(d)) Soto v. Dupret, 93 A.D.3d 481, 939 N.Y.S.2d 849 (Mem), 2012 (1 st Dept. 2012) (reversed lower court and held that plaintiff s claim was time-barred where plaintiff failed to establish applicability of relation back doctrine) Tart-Bynoe v. Bronx Pediatric Medicine, P.C., Bronx County Index #301311/07 (evidence sufficient to support jury s verdict) Thapt v. Shahine et al, 89 A.D.3d 837, 932 N.Y.S.2d 346 (2 nd Dept. 2011) (affirmed lower court decision dismissing action) Tran v. New Rochelle Hospital Medical Center, 291 A.D.2d 121, 740 N.Y.S.2d 11 (1 st Dept. 2002); rev d 99 N.Y. 2d 383, 756 N.Y.S.2d 509 (2003) (granted plaintiff right to review surveillance tape in medical malpractice action) Upshur v. Staten Island Medical Group, 88 A.D.3d 785, 930 N.Y.S.2d 649 (2 nd Dept. 2012) (physician not proximate cause of injuries allegedly sustained by infant born of diabetic patient, and New York does not recognize cause of action for preconception torts) Zafra v. Ascensio, Sup. Queens Index #29273/03) (2009) ($3,000,000 verdict for pain and suffering and wrongful death settled for $475,000 during pendency of post-trial motion)

14 OPMC/Regulatory Experience Richard W. Nicholson DOH inquiry into inappropriate medical coding. Matter settled. OPMC hearing regarding alleged gross negligence causing mother and baby s demise resulting in administrative warning. DOH hearing regarding inappropriate prescription of controlled substances and alleged Medicaid fraud resulting in probation. OPMC investigation regarding inappropriate prescription of controlled substances resulting in stayed suspension. OPMC hearing regarding inappropriate patient and co-worker contact resulting in stayed license suspension. Ongoing representation in preparation of responses to DOH statements of deficiencies. OPMC investigation regarding inappropriate discharge of an elderly patient. OPMC investigation regarding unexplained laboratory values. OPMC investigation regarding inappropriate pelvic examination. OPMC investigation of alleged sexual misconduct by chief of department with subordinates. David W. Sisskind OPMC investigation of alleged overdosing of a child during pediatric open heart surgery by a pediatric anesthesiologist. OPMC Investigation regarding care of a patient who wound up losing his leg. Assistance in review and amendment of protocols for tasks allowed to be performed by nurse anesthetists at Coney Island Hospital pursuant to direction of DOH. OPMC investigation of alleged mismanagement of Diabetes.

15 Ongoing representation in preparation of responses to DOH statements of deficiencies. Karen P. Ryan Application to the Supreme Court, Kings County for an order giving authorization to a Coney Island Hospital administrator to consent on behalf of the patient to undergo surgery to remove a stomach mass that was cancerous. The motion was granted without opposition after a bedside hearing. Application to the Supreme Court, Kings County for an order giving authorization to a Coney Island Hospital administrator to consent on behalf of the patient to artificially feed and hydrate an anorexic 26 year-old woman who was found to be unable to make reasonable decisions regarding her medical care. The Court granted interim relief allowing the patient to be fed and hydrated. Represented a physician at a DOH investigation into a patient s complaint of abandonment. The charges were ultimately dismissed as unfounded. Represented the NYCHHC and its member facilities in more than 20 Family Court cases in which the disclosure of confidential drug and alcohol records of patients were improperly sought in violation of federal and state law. These assignments involved moving to dismiss improperly issued Court Orders, opposing motions seeking improper disclosure, drafting proposed Orders reflecting compliance with applicable state and federal law and redacting patient s records in compliance with Court Orders. Application to the Supreme Court for a Court Order as the disposition of the remains of a decedent where two persons claimed to be the rightful next of kin. Representation of physicians who were subpoenaed by the District Attorney s Office to testify and to have ex parte discussions regarding their treatment of a child of defendants in a criminal matter where the defendants refused to consent to this breach of the patient-physician privilege. Representation of a physician s assistant who was subpoenaed to testify regarding her care of a minor rape victim in a criminal proceeding

16 Multiple applications to the Supreme Court, Bronx County, for Assisted Outpatient Treatment Orders for Psychiatric patients on behalf of Bronx based NYCHHC facilities. Application to have agent designated as health care proxy for a patient removed for failing to act in best interests of the patient. The matter was resolved by court order removing and replacing the agent after a full hearing on the issue. Representation of psychiatrists subpoenaed by the Queens County District Attorney s Office for an interview regarding diagnosis and prognosis of mentally ill patient arrested for violent assault. Representation of Mental Health Services in Family Court proceeding as to whether respondent could be interviewed without counsel for a predispositional hearing when charges for murder were pending in Criminal Court. John J. Corgan OPMC investigation of infant death due to alleged over-prescription of drugs. Matter did not proceed beyond investigation stage. OPMC investigation of infant death following MRI accident. Matter did not proceed beyond investigation stage. OPMC investigation of wrong-sided carotid endarterectomy. Matter did not proceed beyond investigation stage. OPMC investigation of improper performance of bariatric surgery. Matter did not proceed beyond investigation stage. OPMC investigation of improper pain management. Matter did not proceed beyond investigation stage. OPMC investigation of alleged improper nursing care and documentation of nursing care, and communication with law enforcement agencies. Matter did not proceed beyond investigation stage. Ongoing representation in preparation of responses to DOH Statements of deficiencies.

17 Eric R. Mishara OPMC investigation of two Coney Island Hospital physicians regarding alleged gross negligence in the treatment of a stroke. Matter did not proceed beyond investigation stage. OPMC investigation of Coney Island Hospital physician for alleged gross negligence in treatment of a stroke. The Doctor was represented at an interview at OPMC. OPMC found no fault. OPMC investigation of physician for alleged gross negligence in failure to resuscitate an MI patient that died. The doctor was represented at an OPMC interview. OPMC found no fault. Gerald D. DiEdwards Proceeding to have guardian appointed to consent to dialysis. OPMC investigation of infant death following MRI accident. Matter did not proceed beyond investigation stage. Proceeding to have guardian appointed to consent to amputation. DOH consultation regarding investigation and reporting requirements. Samantha E. Quinn DOH hearing regarding inappropriate prescription of controlled substances and alleged Medicaid fraud resulting in probation. OPMC investigation regarding inappropriate prescription of controlled substances resulting in stayed suspension. Application to the Supreme Court, Kings County for an order giving authorization to a Coney Island Hospital administrator to consent on behalf of the patient to artificially feed and hydrate an anorexic 26 year-old woman who was found to be unable to make reasonable decisions regarding her medical care. The Court granted interim relief allowing the patient to be fed and hydrated.

18 Multiple applications to the Supreme Court, Bronx County, for Assisted Outpatient Treatment Orders for Psychiatric patients on behalf of Bronx based NYCHHC facilities. Ongoing representation in preparation of responses of DOH statements of deficiencies.

19 Clients Below is a representative list of the companies and entities by whom we have been engaged. 1. City Health and Hospitals Corporation; 2. The City of ; 3. Medical Liability Mutual Insurance Company; 4. Physicians Reciprocal Insurers; 5. Combined Coordinating Council Inc.; 6. Medical Malpractice Insurance Association; 7. Wausau Insurance Companies; 8. State Department of Insurance, Liquidation Bureau; 9. County of ; 10. Frontier Insurance Company; 11. Medical Alliance P.C.; 12. American International Group; 13. Group Council Mutual Insurance Co. (NY & NJ); 14. Miix Insurance Company (NJ); 15. Home Insurance Co. (NY & NJ); 16. Coney Island Hospital; 17. Kings County Hospital;

20 18. Nyack Hospital; 19. Bellevue Hospital Center; 20. Lincoln Medical & Mental Health Center; 21. North Central Bronx Hospital; 22. Interfaith Medical Center; 23. Allied World Assurance Company; 24. Preferred Health Partners; 25. Staten Island University Hospital; 26. St. Vincent s Medical Center of Staten Island; 27. Sound Shore Medical Center; 28. Catskill Regional Medical Center; 29. St. Luke s-roosevelt Hospital Center; 30. Episcopal Health Services; and 31. St. John s Episcopal Hospital.

21 Significant Verdicts ( ) Date Defense Attorney Opposing Counsel Type of Case Venue Disposition February 2013 Richard W. Nicholson Erica Sattler Alleged failure to diagnose and treat Stage III breast cancer resulting in a double mastectomy February 2013 Karen P. Ryan Raymond Raskin Alleged- failure to timely treat a myocardial infarction with thrombolytics and angioplasty resulting in significant heart damage Richmond February 2013 David Sisskind Stephen Erickson Alleged failure to perform a cervical cerclage to resulting in premature birth of infant causing permanent Brain Damage, Spastic Quadraparesis, and requiring lifetime custodial care Bronx January 2013 Gerald DiEdwards Fitzgerald & Fitzgerald Alleged improper performance of rotator cuff surgery leading to anterior deltoid detachment and loss of arm function. Queens January 2013 Karen P. Ryan Martin Wolf Alleged- failure to diagnose and treat retinal tears following cataract surgery resulting in loss of vision Kings January 2013 Maureen M. Arciero Robert Eisen Failure to diagnose Pelvic Inflammatory Disease leading to loss of ovary in 18 year old. Rockland Directed Verdict after preclusion of plaintiff s expert October 2012 Carl D. Weinberg Mark Eskenazi Wrongful Death; Failure to Diagnose Viral Meningitis Bronx Plaintiff Verdict August 2012 David Sisskind Rhona Silverman, Esq. Negligent performance of cesarean section resulting in massive hemorrhage requiring an emergency hysterectomy Kings August 2012 Carl D. Weinberg Katharine Hall Blindness following cataract surgery on one-eyed 79-year-old man