1 Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP Contact: Richard W. Nicholson, Esq. 575 Eighth Avenue 14 th Floor, Tel No. (212) Fax No. (212)
2 The Law Firm of Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP 575 Eighth Avenue, 14 th Floor 709 Avenue, White Plains, (212) (914) Garden City Plaza, Suite 420 Garden City, (516) Stony Hill Drive Morganville, New Jersey (732)
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 over thirty years ago. With two fully-staffed offices and over thirty 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. We have also maintained office branches in Long Island, and New Jersey for several years. We continue to maintain a team that handles our New Jersey accounts, headed by one of our senior partners. 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. Mr. Sisskind has been admitted in New Jersey since 1987 and heads our New Jersey team. CARL D. WEINBERG Mr. Weinberg became a partner in the Firm in 1989 and, during the 25 years since then, has represented many of the leading medical practitioners in the metropolitan area, primarily in his capacity as a senior trial attorney who defends claims involving catastrophic injury. In particular, he is called upon by clients to handle matters where the venue is particularly challenging and, as a result, has built an impressive record of favorable verdicts in s most notoriously difficult venues. Before coming to the firm, he was a trial attorney with the firm of Bower & Gardner and served as a prosecutor in Florida for six years, during which he specialized in cases of sexual assault upon children and adults and was appointed Special Prosecutor by Governor Bob Graham to handle homicide charges involving organized crime figures. He is AV rated by Martindale-Hubbell (their highest rating) and a member of Mensa, the State Medical Defense Bar Association, the State Bar Association and the Defense Research Institute. 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.
7 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. 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
8 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. 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. KENNETH J. BURFORD Mr. Burford joined the firm as a partner in He graduated cum laude in economics from SUNY Albany, and received his law degree from Pace University School of Law. His litigation experience encompasses more than twenty five years of defending claims at trial and upon appeal. Mr. Burford has defended complex malpractice cases throughout New York State as well as mediations for clients outside of. He has responded to
9 investigations by, and defended claims brought by, the Office of Professional Medical Conduct, the Office of Professional Discipline and the Department of Health. Mr. Burford has also defended toxic tort, architectural and employment practices claims in State and Federal Courts as well as defending general liability claims. He is frequently called upon to advise on Healthcare, administrative and operational matters as well as Healthcare Regulatory surveillance processes. Additionally, he has been welcomed as a guest lecturer on health law issues by numerous healthcare facilities. 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.
10 PARTNERS Maureen M. Arciero John E. Barous Kenneth J. Burford 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 Tara R. Di Luca Cristina A. Di Maria Joseph Dugan Frank Dumont David M. Javer Evan J. Lyman Robert S. Mancher Namita K. Mehta Edward R. Nicholson Brian T. Reilly Oran Schwager Thomas K. Wittig Victoria L. Vernicek Suhlail C. Villa Laura Yenchman
11 Significant Legal Precedents We have been involved in many significant decisions affecting the law in State. Some of our most notable decisions include the following: 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) Adams v. Bobb-McKoy, 245 A.D.2d 474, 666 N.Y.S.2d 701 (2 nd Dept. 1997) (action dismissed for failure to comply with General Municipal Law 50-d(2) and 50-d; i.e., timely notify Aglira v. Julien & Schlesinger, 214 A.D.2d 178, 631 N.Y.S.2d 816 (1 st Dept. 1995) (insurance carrier not liable for defective annuity) Anderson v. Lamaute & Moise, 306 A.D.2d 232, 761 N.Y.S.2d 87 (2 nd Dept. 2003) (summary judgment where plaintiff failed to establish proximate cause) Banks v. Barkoukis, 231 A.D.2d 598, 647 N.Y.S.2d 814 (2 nd Dept. 1996) (surgeon not vicariously liable for ordinary acts of negligence of nurse not in his employ) Baptiste v. Harding-Marin, 88 A.D.3d 752, 930 N.Y.S.2d 670, (2 nd Dept. 2011) (affirmed lower court decision dismissing action as untimely based upon failure to establish continuous course of treatment) Beltrez v. Chambliss, 63 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 motion) Brinkman v. Davis, Supreme Suffolk Index #1097/99 (2009) (affirming defense verdict)
12 Bronx Lebanon Hospital Center v. Wiznia, 284 A.D.2d 265, 726 N.Y.S.2d 847 (1 st. Dept. 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 Dept. 2012) (affirmed summary judgment for defense in claim of failure to appropriately treat acute renal failure and diabetic ketoacidosis resulting in death) Carman v. Abter, 751 N.Y.S.2d 483, 2002 N.Y. Slip Op (1 st Dept. 2002) (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) (affirming jury defense verdict; court properly allowed testimony of defense expert based on notice in 3101(d) disclosure and properly allowed drug company representatives testimony as exception to hearsay rule) Cordero v. Kaiser Organization, Inc., 288 A.D.2d 424, 733 N.Y.S.2d 234 (2 nd Dept. 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) Curry v. Hudson Valley Hospital Center, 104 A.D.3d 898, 961 N.Y.S.2d 563 (2 nd Dept. 2013) (jury s award of zero damages for conscious pain and suffering was not against the weight of the evidence) DiSalvo v. Ordway, 208 A.D.2d 798, 618 N.Y.S.2d 564 (2 nd Dept. 1994) (dismissal affirmed for plaintiff s failure to prove jurisdiction over defendant) Dweck v. Bridge Transportation, 12 A.D. 3d 560, 786 N.Y.S.2d 189 (2 nd Dept. 2004) (summary judgment precluded in property damage and subrogation action) Fichter/Vesperman v. Wormser, 283 A.D.2d 637, 725 N.Y.S.2d 361 (2 nd Dept. 2001) (affirming denial of co-defendant s summary judgment motion based on issues of fact and question of vicarious liability) 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) Giampino v. Ricci, 160 Misc.2d 326, 609 N.Y.S.2d 134 (Sup. 1994) (Article 50-B regarding future damages is constitutional in wrongful death cases) Gilroy v. McCarthy, 678 N.Y.S.2d 644, 678 N.Y.S.2d 644 (2 nd Dept. 1998) (waiver of physician-patient privilege properly found where plaintiff disclosed family history at deposition)
13 Ginsberg v. North Shore Hospital, 213 A.D.2d 592, 624 N.Y.S.2d 257 (2 nd Dept. 1995) (hearsay properly redacted from medical records at trial; defense verdict affirmed) Green v. St. Luke s Roosevelt Hospital, 465 F.3d 65 (2 nd Cir. 2006) (affirmed dismissal of plaintiff s claims under Americans with Disabilities Act, 42 USC 1983, negligence, false imprisonment and assault and battery; reversed dismissal of plaintiff s violation of human rights law claim) Harford v. Hippolyte, Supreme Kings Index #32282/06 (2009) ($2,200,000 verdict for Erb s Palsy settled for $1,350,000 after post-trial motion) Jurado v. Kalache, 29 Misc.3d 1005, 912 N.Y.S.2d 375, 2010 N.Y. Slip Op (2 nd Dept. 2012) (reversed court below and granted motion to strike second supplemental bill of particulars improperly alleging prejudicial and unfounded statutory violations) Lewis-Burnett v. West Side Radiology Associates, 106 A.D.3d 637, 965 N.Y.S.2d 719 (1 st Dept. 2013) (summary judgment affirmed where plaintiff failed to establish proximate cause between positioning during mammogram and rotator cuff injury) 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) Muzio v. Napolitano, 82 A.D.3d 947, 919 N.Y.S.2d 64 (2 nd Dept. 2011) (reversal of order denying plaintiff an order of protection for HIPAA information) Napoleoni v. Union Hosp., 207 A.D.2d 660, 616 N.Y.S.2d 38 (1 st Dept. 1994) (court ordered disclosure of mother s confidential drug treatment record) O Neill v St. Vincent s Medical Center of Richmond, Supreme Richmond Index # 11283/02 (2008) ($1,000,000 verdict for pain and suffering for wrongful death from pulmonary embolism settled for $800,000 following post-trial motion) Perez v. County of, 83 F. Supp.2d 435 (SDNY 2000) aff d 242 F.3d 367 (2 nd Cir. 2000) (affirming dismissal of plaintiff s civil rights complaint) 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)
14 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 reargument 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 (1st Dept. 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 reargument and leave denied) Rosas v. Stieg, 108 A.D.3d 693, 968 N.Y.S.2d 886 (1 st Dept. 2013) (Supreme Court s denial of motion to vacate order of dismissal for plaintiff s failure to prosecute reversed) 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) (order denying request for dismissal affirmed) Scalisi v. Oberlander, 96 A.D.3d 106, 943 N.Y.S.2d 23, 2012 N.Y. Slip Op (1 st Dept. 2012) (reviewing court held that issues of fact precluded summary judgment) Schel v. Roth, 242 A.D.2d 697, 663 N.Y.S.2d 609 (2 nd Dept.1997) (summary judgment as to lack of informed consent claim improperly denied) 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))
15 Shkolnik v. Hosp. for Joint Diseases, 211 A.D.2d 347, 627 N.Y.S.2d 353 (1 st Dept. 1995) (consent obtained by treating physician insulates referring physician from liability; complaint dismissed) Soto v. Dupret, 93 A.D.3d 481, 939 N.Y.S.2d 849 (Mem), 2012 N.Y. Slip Op (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 (2012) (evidence sufficient to support jury s verdict) Teitel v. County of, 277 A.D.2d 309, 716 N.Y.S.2d 76 (2 nd Dept. 2000) (affirmed trial court s dismissal of the complaint based on untimely service of notice of claim) 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, 2011 N.Y. Slip Op (2 nd Dept. 2012) (Upheld trial court ruling that physician was not proximate cause of injuries allegedly sustained by infant born of diabetic patient, and that did not recognize cause of action for preconception torts) Volpe v. Good Samaritan Hosp., 213 A.D.2d 398, 623 N.Y.S.2d 330 (2 nd Dept. 1994) (complaint properly dismissed at trial where plaintiff attempted to prove theories not pled) Winant v. Carras, 208 A.D.2d 618, 617 N.Y.S.2d 487 (2 nd Dept. 1994) (plaintiff may not cross-examine defendant physician with Physician s Desk Reference) Yakubovitch v. Reich, Supreme Kings, Index No. #8984/05 (2013) (plaintiff s post-trial motion to set aside verdict denied) 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 posttrial motion) Zasso v. Maher, 226 A.D.2d 366, 640 N.Y.S.2d 243 (2 nd Dept. 1996) (legal malpractice; summary judgment improperly denied)
16 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.
17 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
18 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.
19 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.
20 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.