May 11, 2021
James M. Skelly and Robert E. Fein of Marks O’Neill’s Westchester, New York office obtained a directed verdict regarding Plaintiff’s wrongful death claim and a defense verdict regarding Plaintiff’s chiropractic malpractice claim at an arbitration proceeding on behalf of a New York-licensed chiropractor. The decedent’s estate alleged that Plaintiff’s Decedent suffered a debilitating stroke in a chiropractor’s office following a cervical adjustment and that Plaintiff’s Decedent subsequently died from his alleged injuries.
Attorney Skelly presented a persuasive and powerful multi-tiered defense calling board-certified experts in chiropractic, neurosurgery and neuroradiology on behalf of the defense. Attorney Skelly successfully established that Plaintiff’s Decedent’s left vertebral artery dissection and infarcts predated his chiropractic care, and that Plaintiff failed to connect Plaintiff’s Decedent’s injuries to the alleged chiropractic malpractice. Attorneys Skelly and Fein obtained a directed verdict on the wrongful death claim establishing the Plaintiff had not made out a prima facie case on causation. In dismissing the case outright, the arbiter held that the alleged chiropractic malpractice was not a substantial factor in causing the decedent’s personal injuries.