CG&P is pleased to announce that four of its partners have been named to the Super Lawyers list and one partner has been named as a Rising Star for the New York Metropolitan area for 2014. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Ralph A. Catalano was named to the Super Lawyers list in the Professional Liability Defense practice area; Domingo R. Gallardo was named in the Civil Litigation Defense practice area; Gary Petropoulos was named in the Insurance Coverage practice area; Matthew K. Flanagan was named in the Professional Liability Defense practice area; and June D. Reiter was named to the Rising Star list in the General Litigation practice area.
CG&P secured the dismissal of an action alleging nursing home negligence and violation of resident rights under Public Health Law § 2801-d. It was claimed that the nursing home was negligent and violated resident rights in failing to prevent pressure ulcers, failing to prevent falls, and failing to prevent malnutrition and dehydration. It was also claimed that the nursing home was negligent in failing to timely diagnose a gastrointestinal bleed when the resident presented with blood in his stool over the course of 1 week; and that the delay in diagnosis resulted in death secondary to gastrointestinal bleed. CG&P was able to effectively characterize some of the plaintiff’s claims as sounding in medical malpractice which were time-barred by the statute of limitations. CG&P also argued that the nursing home complied with the standard of care and did not violate any resident right with respect to their management of the resident. The Court dismissed the plaintiff’s complaint on the grounds that the medical malpractice claims were barred by the statute of limitations and that the plaintiff’s expert affidavits were insufficient to refute the affidavit submitted by our expert on the claims for negligence and violation of resident rights. The case was handled by CG&P partner Michele R. Levin and Of Counsel Mili Makhijani.
In an action asserting medical malpractice, vicarious liability, and lack of informed consent, plaintiff claimed that he suffered permanent visual complications to both eyes as a result of the alleged negligence of CG&P’s client - the leading LASIK provider in North America. At the conclusion of discovery, the Supreme Court of the State of New York, County of Queens, held that CG&P established that its client was entitled to summary judgment and dismissed all claims against the LASIK facility. The Court found that CG&P indisputably demonstrated that the LASIK facility was not negligent in its care and treatment of the plaintiff. The Court further found that the facility could not be held vicariously liable for the co-defendant physician’s alleged malpractice and that the lack of informed consent claim was inapplicable. The case was handled by CG&P Partner Michele Levin and CG&P Associate Christopher Rogers.