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 Court of Appeals Dismissal of Medical Malpractice Claim

Partner Vincent J. Petrozzo, with associates Angela Cutone and Kathleen Meara, successfully obtained  a Court of Appeals decision affirming the Second department reversal of the trial court, and dismissing the case against an internist and his practice. In the case of  Burns v. Torelli, Index number 20115/2010,  the court upheld the principal that the primary care physician did not owe a duty, where he was not directly involved in the decision process for holding antiplatelets for a kidney biopsy. Even though  Dr. Torelli had been provided with reports of the specialists describing their plan, this was not enough to create a legal duty of care.

 

Danielle Morandi & Jessica McGovern Nominations

We are pleased to announce Danielle Morandi has been named President of the Nassau Suffolk Trial Lawyers Association. She is one of only three women elected to that position in the 50 year history of the association.

We also wish to announce that Jessica McGovern has been elected to the Board of Directors for the Nassau Suffolk Trial Lawyers Association. She is the youngest member to ever be elected to that position. 


Appellate Dismissal of Medical Malpractice Death Case

In the case of Burns v. Goyal, Index number 20115/10 , Angela Cutone wrote the brief, and Kathleen Meara argued the appeal, successfully obtaining reversal of the trial court's denial of summary judgment, and granting dismissal of the defendant internist's case. The defendant internist referred the decedent to a cardiologist for cardiac clearance prior to a surgical procedure. The court upheld the principle that the internist had no duty with respect to cardiology issues , particularly medications, when the specialist was overseeing that portion of decedent's care.


Defense Verdict in Medical Malpractice case

Partner Scott Watson obtained a defense verdict in the case Valenti v Gadomski, Index number 150116/12, before the Honorable Justice Minardo in Supreme Court Richmond County. The claim was alleged failure to appropriately analyze pathology samples for carcinoma. The plaintiff was subsequently diagnosed with squamous cell carcinoma, leading to removal of a toe with difficulty in ambulation thereafter. The jury determined the pathology was appropriately analyzed by the pathologist, as well as finding all treating doctors followed the standard of care in their treatment of the plaintiff. 


Defense Verdict in Medical Malpractice case

Partner Vincent Petrozzo obtained a defense verdict in the case of Burgos-Figueroa v Bieniwicz, Index number 01726/04, before the Honorable Justice William Rebolini in Supreme Court Suffolk County. This was a retrial on the issue of Informed consent for a breast mammoplasty procedure, which plaintiff claimed she never would have underwent if she was aware of the risks. The jury determined appropriate risks were conveyed to the plaintiff.


Defense Verdict In Medical Malpractice case

Partner Scott Watson obtained a defense verdict in the case Dougherty v Tramutola, Index number 103986/11 in Supreme Court Richmond County. The claim was that there was a failure to refer the patient to a urologist, failing to diagnose an infection,and leading to loss of the ends of 8 fingers. The jury found there was appropriate diagnosis and appropriate referral was made which plaintiff did not pursue. 


Defense Verdict in Medical Malpractice case

Partner Vincent Petrozzo obtained a defense verdict in the case Valerioti v Peller, Index Number 2279/13 in Supreme court Nassau County. It was claimed that the doctor improperly used a laser procedure on the patient's prostate causing a fistula to develop. The jury found no relation between the laser procedure and the fistula.


Denine Pagano, SuperLawyers Female Star

We congratulate Partner Denine Pagano who has been named a 2015 NY Metro area Rising Star , as well as a Female Star, for SuperLawyers. She is accredited as being in the top 2.5% of lawyers. She will be featured in upcoming issues of the NY Times and the Wall Street Journal.


Summary Judgment dismissal of Wrongful Death Case

Patrick Engle successfully won a reversal on appeal dismissing a wrongful death claim involving  the mother of 2 children. In the case of Wilson v Libutti, 2015 NY Slip Op 05121, the First department overruled the trial court decision to continue the case against Dr. Libutti and full dismissal was granted.


New Associates

We are proud to announce the addition of 2 new associates to our firm. Victoria Garel and Kathleen Meara will be working on matters involving general liability and medical malpractice.


Summary Judgment in Serious Injury Threshold Case.

Patrick Engle successfully had the case of Tony Meo v C & C Ambulette Corp, Index Number 700846/13 dismissed based upon plaintiff's failure to prove serious injury. In this case involving a rear end collision, plaintiff claimed herniated discs and soft tissue injuries with limitations. It was proven that the limitations did not meet threshold and the claims were entirely dismissed.


Defense Verdict in Medical Malpractice case

Partner Scott Watson recently tried the Pieter vs. NYPH ( and several physician defendants ) Index # 5216/2010, to a successful verdict in Supreme Court of Queens County in June of 2014. The case involved allegations that cardio-thoracic bypass surgery was performed unnecessarily and sub standardly as well; resulting in multiple complications---requiring additional surgeries and permanent scarring.  The Court granted a directed verdict at the end of the plaintiff’s presentation of evidence upon Mr. Watson’s motion for said directed verdict.


Denine C. Pagano,  Super Lawyers Rising Star & NY Time Top Attorney

Denine C. Pagano had the honor of being selected as one of the top 2.5% of attorneys in New York with her 2014 selection as one of Super Lawyers Rising Stars, and winning an award for Excellence in Practice. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. Super Lawyers Magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers.

In 2015, Denine has granted a further honor, having been selected to appear in a special section of the New York Times, The Top Women Attorneys in New York (March 22, 2015).


Defense Verdict in Wrongful Death Case

Partner Vincent Petrozzo obtained a defense verdict in a wrongful death case involving a 42 year old male leaving a wife as well as 2 children ages 6 and  9. In the case of Makinen v Torelli , Index Number 29963/06, it was claimed that Dr. Torelli failed to recognize signs and symptoms of an aortic dissection, which ruptured the day after seeing the physician. The jury found that the patient had no symptomology which would have allowed Dr. Torelli to make such a diagnosis and could not have prevented his demise.


New Partners

We are proud to announce that Jessica Darrow and Denine Pagano have been made partners of the firm. Congratulations to both of them.


Summary Judgment in Medical Malpractice cases

Associate Erin Deacy obtained summary judgement dismissing all claims in the cases of Rasalan v Peller, Index number 21068/10 and in Zuluaga v Mirro, Index number 601873/13.


Summary Judgment in Labor Law case

Associate Scott Singer obtained dismissal of Westbury Union Free School District and the General Contractor. In the case of Coffey v Westbury Union Free School District, Index number 11965/06, there was a dismissal of all  violations of Labor Law sections 200,240 and 241(6), as well as comman law.


Defense Verdict in Suffolk County

Partner Vincent Petrozzo obtained a defense verdict in the case of Burgos v Bieniewicz, index number 01726/04. This medical malpractice case involved claims of an improperly performed breast reduction with several complications.


Summary Judgment in Premises Liability

In the case of Wimberly v Cammeby's, index number 015000/10, associate Patrick Engle obtained summary judgment in a slip and fall case involving an out of possession landlord.


$6.8 Million Verdict Overturned

Partner Scott Watson, with the assistance of associate Denine Pagano, had a $6.8 million verdict thrown out on post trial motions. In the case of Luna v Aloia, Index number 1469/2006 in the Supreme Court Suffolk County, Justice Martin determined there was no causation in a case involving a claim of failure to diagnose metastatic thyroid cancer.


Defense Verdict in Queens County

Partner Matthew McDonough obtained a defense verdict in the case of Alacantara v Sultan in Supreme Queens index number 20728/10. In this medical malpractice case it was alleged Dr. Sultan excessively manipulated plaintiff's shoulder during a physical examination. The jury unanimously accepted defense evidence that this was not possible, and any complaints were related to preexisting degenerative conditions.


Dismissal of Plaintiff Cases

Attorney Erin Deacy obtained dismissal of 2 cases by motion recently. In Shin v Lee, Supreme Queens Index number 20509/09, the case was dismissed for failure to prosecute under 22NYCRR 202.276. In the case of Riedel v Kapoor, Supreme Nassau Index number 17370/97, the case was dismissed for failure to properly substitute.


Defense Verdict In Suffolk County Medical Malpractice Case

Partner Vincent Petrozzo obtained a defense verdict in the case of Marilyn Lemke v Justin Greisberg, MD, Index number 21549/05. The suit involved claims that during an emergency traumatic hip replacement, which needed to be performed before a planned liver transplant, Dr. Greisberg lengthened the hip beyond the standard of care. The jury found he did not over lengthen the hip but rather she had subsidence on the opposite hip from a failed prior hip replacement.


Dismissal of Defendent Physician from Lawsuit

In the case of Young Hee Lee v Dahua Zhou attorney Erin Deacy obtained an order of dismissal on behalf  of defendent physician Dr. Dahua Zhou by motion.


Defense Verdict in Kings County Elevator Case

Founding partner Kevin O' Reilly obtained a defense verdict in the case  JOANNE TAPIA and JOE TAPIA v. Schindler Elevator Corporation, Index No.: 22707/03. In this case involving a claim of injury from a malfunctioning elevator door the jury unanimously determined there was no liability on behalf of Schindler Elevator Corporation.


Summary Judgment on Products Liability Case

In the case of Acosta v Huffy Sports,  in Supreme court Bronx county, Vincent Petrozzo obtained summary judgment dismissing Huffy Sports, manufacturer of a portable basketball hoop on May 22, 2012. The court found that the improper assembly, rather than the manufacture of the product, was the cause of the accident.


Directed Verdict on Wrongful Death Medical Malpractice Case

Partner Vincent Petrozzo represented the defendants in the case of Lamonica v South Shore Family Practice, where plaintiff claimed the wrongful death of a 15 year old from infective endocarditis  due tothe alleged negligence of South Shore Family Practice.   After plaintiff rested his case, Judge Whelan directed a verdict in favor of the defendants and dismissed the case.


Case Dismissed by Summary Judgment

Associate Erin Deacy successfully had the medical malpractice wrongful death lawsuit in Makinen v Torelli, Index number 29963/06 , dismissed.


Defense Verdict in Kings County Damages Trial

Kevin O'Reilly obtained a verdict  rendering $0 in  a damages only trial in Kings County .

In the case of Jarkovic v Schindler Elevator Corp. plaintiff had alleged numerous injuries including a cervical fusion as related to an incident involving an elevator. The jury found that none of the alleged injuries were related to the elevator incident.


Cases Dismissed by Summary Judgment

Erin Deacy obtained a decision successfully dismissing all of our clients from the lawsuit, Tomasini v. Rizzo, index # 09-004904.

09-004904,  September 30, 2010. The decision by Justice Feinman was featured in the New York Law Journal.

Ms. Deacy additionally obtained a decision in the lawsuit, Carpentier v. Sisselman, index # 600023/07, successfully dismissing our clients from the case.


Defense Verdict in Nassau County

Scott Watson obtained a defense verdict  in the wrongful death case, Goldman v. Goldberg,  based in

Nassau County. The claim was based upon failure to appropriately evaluate the patient prior to administering dye prior to a diagnostic procedure.


Defense Verdict in Kings County 

Vincent  Petrozzo obtained a defense verdict  in Kings County, in the case,  Frye and Awon v. Harran Transportation. He represented a bus driver who rear ended a stopped Mercedes. The jury found 100% liability against the driver of the Mercedes.


The Attorneys of Keller, O'Reilly & Watson, P.C. assist Insurance Companies and Corporations with Litigation Defense in Nassau County, Suffolk County and the Greater New York City area including Queens, Brooklyn, Manhattan, Bronx and Staten Island.



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