Aaronson Rappaport Feinstein & Deutsch, LLP

ARFD is very proud to announce back to back defense verdicts won by Partner, Sandy Gold, in Nassau County Supreme Court! Sandy received invaluable assistance from Partner, Kevin Denaro, and Of Counsel, Mallory Turk, as well as our in-house staff. Congratulations to Sandy and his trial team on two successful trials! https://lnkd.in/eMAXZeB2

Congratulations to ARFD Partner, Patrick Mevs, who recently obtained summary judgment in Westchester County Supreme Court! https://lnkd.in/e9djNuGK

Congratulations to ARFD Partner, Patrick Mevs, and Associate, Jordan Conger, for their recent summary judgment win in Supreme Court, Rockland County!

4/5/24 ARFD defense verdict in Westchester County involving claims of life-long injuries to a 3-month-old infant and demand in excess of 25-dollars! After a trial that began with jury selection in mid-March, followed by three weeks of aggressive prosecution at trial by plaintiff’s counsel, on April 5, 2024, partner Lawrence Rosenblatt and associate Sara Silverhardt, were able to secure a defense verdict on behalf of a pediatric gastroenterologist  in Westchester County. Plaintiff claimed that there was a failure to consider an anorectal malformation (severe anal stenosis) and perform a digital rectal exam in a three-month-old infant, resulting in a 12-week delay in diagnosis and alleged colonic neuropathy, as a result the infant-plaintiff suffering a ‘loss of chance’ of regaining complete continence. It was claimed the infant-plaintiff would never achieve a ‘leak-free life’, would require life-long bowel management, up to three additional surgeries, and have lifetime psychological issues. The plaintiff asked for damages in excess of 25-million dollars. At trial, Lawrence was able to demonstrate that: the infant-plaintiff had other relevant congenital anomalies at birth associated with her condition, including a mega rectum and recto-vaginal fistula, and was unfortunately going to require lifelong bowel management regardless of timing of diagnosis; that the current bowel management was deficient and the reason for current motility issues; that the purpose of the pediatric GI visit was only for an upper-GI related issue, thus did not mandate the need for a digital rectal exam; that photographs taken more than two days after the subject visit were not probative of whether abdominal distention existed on the day of the visit. Lawrence , in conjunction with a collaborative co-defendant (representing a medical group for a separate pediatric visit), vigorously challenged all of plaintiffs’ experts, and presented well-credentialed experts to refute plaintiffs’ claims, including a world-renown pediatric surgeon, who operated on the infant-pliantiff and had never testified in court in his 40-year career. Following over three hours of summations by all parties, the jury was given the case late in the day on 4/4/24, and the following day, after approximately three total hours of deliberations, rendered a unanimous 6-0 finding of no liability as to ARFD’s client, as well as a 6-0 finding of no liability as to the co-defendant medical practice. We would like to thank the carrier for having the faith and courage to adopt an aggressive defense strategy, in this case to try a high-exposure matter involving an infant-plaintiff to verdict (the first trial in New York for this carrier). www.arfdlaw.com

ARFD obtains from First Department reversal of a 41-page summary judgment denial, dismissing remainder of case on eve of trial!   The matter involved claims of improperly performed cosmetic and functional nasal surgery, and was very aggressively litigated over seven years. The lawsuit initially alleged eight causes of action, including fraud, and forgery, and sought punitive damages exposing the defendants to uninsured liabilities. The settlement demand was in excess of one million dollars.   Partner Lawrence W. Rosenblatt and his team pushed back on these causes of action, getting four of them dismissed on a CPLR 3211 motion. At the conclusion of discovery, a summary judgment was filed to dismiss the remaining four causes of action sounding in medical malpractice, informed consent, breach of contract, and forgery. In a 41-page decision, the New York County trial court summarily denied summary judgment to all defendants on all causes of action. Mr. Rosenblatt lobbied the carrier to file an appeal and a Notice of Appeal was filed. The trial court scheduled trial for early 2024. Mr. Rosenblatt engaged his appellate partner Elliott Zucker to manage the appellate process.   While Mr. Rosenblatt and his team prepared for trial, Mr. Zucker perfected the appeal and pushed to have the matter argued before trial was to commence. Mr. Zucker then argued the appeal before the First Department, highlighting the weaknesses in both the plaintiff’s underlying claims, as well as the trial court’s decision. Following oral argument, and with jury selection three weeks away, Mr. Zucker moved the First Department for an emergent stay of trial, given the trial court would not adjourn the trial. Plaintiff opposed this application.   In what is a very rare occurrence, one week before jury selection was to commence the First Department granted ARFD’s application for a stay of trial pending its decision on the appeal. The following week, the First Department issued a decision fully reversing the trial court’s 41-page summary judgment denial. In doing so, it adopted almost the entirety of Mr. Zucker’s arguments.   Thank you to the clients and carrier for having the confidence in ARFD’s litigation strategy to allow for an aggressive litigation to fully exonerate the medical providers.   www.arfdlaw.com

Congratulations to Sanford Gold and his trial team of Deirdre E. Tracey, Mallory Turk, and Rebecca Martin on their defense verdict in Queens County Supreme! https://lnkd.in/dm7kQWqP

ARFD's Andrew Kaplan won a defense verdict on behalf of a colorectal surgeon in New York County Supreme Court. Congratulations to Andy, Amelia Choyne, Deirdre E. Tracey, and Nanor LT Bahadurian on this well-earned win on behalf of their client! https://lnkd.in/e_vCdgVy

Congratulations to ARFD's litigation team of trial partner, Phil Lerner, partners, Jennifer Kavallieratos and Deirdre E. Tracey, and associate, Jordan Conger, who recently won summary judgment in Queens County Supreme Court for another successful resolution of a case. The motion was submitted to contest plaintiff's claims that ARFD's clients, an NYC Hospital and a cardiologist, failed to recognize signs and symptoms of endocarditis leading to plaintiff undergoing a cardiac valve replacement surgery and placement of a pacemaker during a prolonged hospital admission. Plaintiff chose not to oppose defendants' motion, while submitting opposition to codefendants' motion, which was ultimately denied by the Court. https://lnkd.in/eagYCysK

The First Department Appellate Division recently upheld an ARFD summary judgment victory! Robert Cecala, Jordan Conger, and Elliott Zucker successfully argued to the lower court in Bronx County Supreme, and then to the First Department, that the defendants established that their anesthesia care was properly provided during a hand surgery, and that plaintiff's injuries were not causally related to the defendants' care. Congratulations to the whole team for all the hard work and dedication to obtaining a successful result on behalf of their clients! https://lnkd.in/esWf4XZg