| The following is a list of developments during the past year. For an archive of defense verdicts and other news, see the Archive. We have not listed the names of the cases to protect the privacy of the parties.
New Attorney
In July of 2010, attorney Kenneth R. Neal returned from semi-retirement to a heightened level of active practice within the Hartford office of the firm. Mr. Neal is a graduate of Brown University and Boston College School of Law. He is a former name partner of the firm and one of the most experienced trial lawyers in asbestos cases in the United States. The return of Mr. Neal will substantially augment the capacity of the firm’s trial department.
Defense Verdict
In the summer of 2010 in the Judicial District of Middletown, the firm obtained a defense verdict for a family practice physician. The administrator sued on behalf of his wife’s estate claiming that the physician over-prescribed a pain medication containing Acetaminophen for chronic fibromyalgia. The decedent took more medication than prescribed resulting in fatal hepatotoxicity.
The defendant was represented on behalf of the firm by Robert E. Kiley
New Attorney
Within the last year, the firm has welcomed back two attorneys who had previously practiced elsewhere for several years: Robert E. Kiley and Patrick Glinka. A graduate of Connecticut College and the University of Connecticut School of Law, Mr. Kiley is a partner who specializes in the trial of medical malpractice cases. A graduate of the University of Massachusetts at Amherst and the Roger Williams University School of Law, Mr. Glinka is a senior associate who practices in the area of general litigation. The return of these highly qualified attorneys adds significant depth to the firm’s trial department.
We are also pleased to announce that Tara Nenart and Nicole Pacquette will be joining the firm as first year associates. Tara and Nicole are both graduates of the University of Connecticut School of Law and have been law clerks for the firm during the past year.
Defense Verdict
In early 2010, the firm obtained a defense verdict on behalf of a hospitalist in the New Britain Judicial District. The decedent died from cardiac tamponade as a consequence of a pericardial effusion. The plaintiff asserted that the defendant failed to timely transfer the patient to a tertiary care center for performance of a pericardial window.
The defendant was represented on behalf of the firm by Robert E. Kiley
Appellate Precedent
In July of 2010, the Appellate Court of Connecticut affirmed the dismissal of a medical malpractice case on the grounds that the opinion letter accompanying the complaint was not written by a similar health care provider. This case is one of many involving the controversial legal area of the requirement for written opinion letters to accompany complaints in medical malpractice cases.
The defendant physician was represented on behalf of the firm by attorneys Frank H. Santoro and Edward Mayer.
Defense Verdict
In January of 2010, the firm obtained a defense verdict in the Judicial District of Hartford in a case in which there was a claim that a shoulder dystocia injury to the infant was the result of negligence by the defendant obstetrician. Much of the controversy at trial involved the degree to which the conduct of the birth mother was admissible.
The defendant was represented on behalf of the firm by attorneys Joyce A. Lagnese and M. Karen Noble.
Trial Level Precedent
In January of 2010 in a case in the Judicial District of Hartford, in which the firm represented an obstetrician, the Trial Court granted a motion to strike a “wrongful life” claim. A wrongful life claim is a claim on the part of an infant that the negligence of a physician wrongfully caused his or her birth. It is a controversial cause of action which gives rise to fundamental notions of the nature of life and legal issues of causation. This ruling is presently on appeal.
The defendant was represented on behalf of the firm by attorney Alice Vautour.
Withdrawal of Plaintiff's Claims
In February 2010 in the Superior Court in Putnam, the plaintiffs withdrew their claim for injury to the bladder on the eve of trial in a case involving the defense of an obstetrician/gynecologist who performed a total abdominal hysterectomy.
The defendant was represented on behalf of the firm by attorney Nancy A. DeRose.
Dismissal Granted
In February 2010 in a case in the Judicial District of New Haven in which the firm represented a hospital, the court granted a motion to dismiss a count alleging a claim for lack of informed consent. The court dismissed the claim on the ground that the plaintiff failed to include with the complaint an attesting medical opinion supporting such a claim in accordance with General Statutes §52-190a.
The defendant was represented on behalf of the firm by attorneys Edward Mayer, Jr. and Alice Vautour.
Defense Verdict
In late December 2009 in the Judicial District of Hartford, the firm obtained a defense verdict on behalf of an obstetrician in another shoulder dystocia case. One of the legal issues which arose during the trial was the composition of the jury pool in Hartford.
The defendant was represented on behalf of the firm by attorneys Neil Danaher and M. Karen Noble.
Summary Judgment for Defendant
In late 2009 in a case in the Judicial District of New London in which the firm represented a medical practice group, the Court granted summary judgment to the defendant and rejected an attempt on the part of the plaintiff to impose liability under the doctrine of successor liability. The defendant had purchased the assets of another medical practice and the plaintiffs had sought to impose liability on the buyer for the actions of the seller. The Trial Court essentially held that successor liability does not create a cause of action but merely transfers the liability of the predecessor to the successor. The case is currently on appeal.
The defendant is represented on behalf of the firm by attorneys Neil Danaher and Frank H. Santoro.
Defense Verdict
In August 2009, the firm obtained a defense verdict in the Judicial District of Danbury on behalf of a gynecologist in a case involving claimed negligence in the performance of a laparoscopic hysterectomy resulting in 2.5 cm laceration in the bowel resulting in sepsis and near death.
The defendant was represented on behalf of the firm by Joyce A. Lagnese and M. Karen Noble.
Defense Verdict
In January 2009, the firm obtained a defense verdict in the Judicial District of Hartford at New Britain on behalf of an ob/gyn in a wrongful conception or wrongful birth case claiming failure to properly instruct the patient to undergo post-sterilization testing resulting in an unwanted pregnancy.
The defendant was represented on behalf of the firm by M. Karen Noble
Medical Malpractice Book
Three of the firm’s attorneys are authors of Connecticut Medical Malpractice - the definitive book on medical malpractice law in Connecticut, Containing twenty chapters, the book covers the full range of legal issues in this area including hospital liability, informed consent, damages, expert testimony, apportionment, statute of limitations, areas of statutory regulation and many other subjects. Originally published by the Connecticut Law Tribune in 2007, the book has been supplemented by a 63 page supplement in 2009 and a further cumulative supplement is planned for the Spring of 2011.
The authors of Connecticut Medical Malpractice are Joyce Lagnese, Cal Anderson, and Frank Santoro.
For an archive of defense verdicts and other news, see the Archive
|
