CG&P has secured a defense verdict on behalf of a machine rental company in a products liability action. The plaintiff, a landscape foreman, alleged that the company rented him a defective stump grinder that caused the amputation of his hand. The case was tried by CG&P partner, James P. Connors. The verdict, returned on May 14, 2012, followed a 2-week trial. Jennosa v. Advantage Rental, NY Supreme Court, Suffolk County, Arlen Spinner, J. A post-trial motion was successfully defended to preserve the defense verdict.
In this action for medical malpractice, it was alleged that the defendant radiologist failed to diagnose a sacrococcygeal germ tumor in a sonogram. The infant plaintiff, age 22 months, was subsequently diagnosed with Stage IV sacrococcygeal cancer with metastasis which required surgical resection, chemotherapy, and radiation therapy. CG&P successfully demonstrated that the radiologist’s interpretation of the sonogram was accurate; that all recommendations for further diagnostic testing were appropriate; and that any alleged delay in the diagnosis of the infant-plaintiff’s cancer did not alter the infant-plaintiff’s course of treatment or deprive her of a substantial chance for a cure. The case was handled by CG&P Partner Michele R. Levin.
The New York Law Journal has published an article authored by CG&P founding partner Ralph Catalano. The article, entitled “Can Med Mal Contingency Fees Be Calculated Against Each Claim in Suit?”, appeared in the June 3, 2013 edition and addresses Judiciary Law § 474-a, a controversial statute which establishes a sliding scale that limits the fees which an attorney may recover in a medical malpractice action. The article contains one of the most extensive and informative discussions of the statute in years, and is sure to be cited by attorneys and judges in the years to come.