DEFENSE VERDICT FOR MOODK NEW YORK OFFICE

MOODK Attorneys Belinda R. Boone, Esquire and Alia S. Khoury, Esquire obtained a defense verdict in a medical malpractice informed consent case in Supreme Court, Queens County on behalf of their foot and ankle surgeon podiatrist client. Plaintiff alleged that the podiatrist defendant negligently failed to provide appropriate information to the plaintiff of the risks, complications, and alternatives involving a Lapidus surgical procedure to correct the plaintiff’s bunion deformity. The plaintiff claimed a reasonably prudent person in her position would not have given consent to perform the surgery if given the appropriate information, resulting in a subsequent diagnosis of complex regional pain syndrome (CRPS). Plaintiff claimed she would not have consented to the bunionectomy had she known that hardware would be used in the surgery. At trial, we established that the podiatrist defendant did provide the plaintiff with the appropriate information before obtaining the plaintiff’s consent prior to surgery, and that the Lapidus procedure necessitates the use of hardware, which was stated in the consent forms. This informed consent was evidenced by two consent forms which were signed by the plaintiff, the defendant, and a witness, which complied with the applicable standard of care. Plaintiff’s counsel asked the jury to award $25 million dollars in damages. Following 45 minutes of deliberations, the jury returned a unanimous defense verdict in favor of the podiatrist defendant, confirming that our client met his professional obligations and resulting in a complete victory for our client.

DEFENSE VERDICT FOR MOODK PHILADELPHIA OFFICE

MOODK Attorneys Mark Merlini, Esquire and Tennessis Guerrero, Esquire obtained a defense verdict in a medical malpractice case in Philadelphia on behalf of their geriatric physician client. Plaintiff alleged that the physician defendant negligently managed the care of a medically complex rehabilitation patient following hip replacement surgery, resulting in an unrecognized hip dislocation and the development and progression of pressure wounds. Plaintiff contended that the physician defendant failed to properly coordinate care, implement appropriate interventions, and prevent complications during the patient’s rehabilitation stay. At trial, we established that the physician defendant complied with the applicable standard of care and that her treatment was not a factual cause of the patient’s alleged injuries. Following deliberations, the jury returned a defense verdict in favor of the physician defendant, confirming that our client met her professional obligations and resulting in a complete victory for our client.

MOODK’S PHILADELPHIA OFFICE OBTAINS SUMMARY JUDGMENT IN MEDICAL MALPRACTICE CASE

MOODK Attorneys Fabio Sciarrino, Esquire and Michael Joyce, Esquire obtained summary judgment and complete dismissal of all claims against MOODK’s client in Berks County, PA. Plaintiff alleged that during a surgery to remove a pelvic mass the Co-Defendant surgeon negligently performed the procedure which resulted in Plaintiff suffering a perforated bowel and subsequent surgery to repair the perforated bowel 3 days later. While the surgery was performed at MOODK’s client’s facility, the Co-Defendant surgeon was not an employed by MOODK’s client and was an independent contractor. Plaintiff produced an expert report which did not allege any negligence on the part of MOODK’s client directly. The MOODK attorneys moved for summary judgment arguing that Plaintiff had failed to produce direct evidence of negligence on the part of MOOD’s client and that the client could not be held vicariously liable for the surgeon’s alleged negligence as the surgeon was an independent contractor and there was no evidence that he ever held himself out as an employee of MOODK’s client to the Plaintiff. Following briefing and oral argument on the issue, the Court agreed and dismissed all claims against MOODK’s client while allowing the claims against the Co-Defendant surgeon to proceed.

MOODK PARTNER, PHIL J. DEGNAN, ESQUIRE, HAS BEEN CERTIFIED AS A NEW JERSEY CIVIL TRIAL ATTORNEY BY THE SUPREME COURT OF NEW JERSEY

MOODK Partner, Phil Degnan, Esquire, has been certified as a Civil Trial Attorney by the Supreme Court of New Jersey. Certified Civil Trial Attorney is a designation granted by the New Jersey Supreme Court to New Jersey attorneys who are able to demonstrate sufficient levels of experience, education, knowledge and skill in civil trial practice. Less than 2% of active New Jersey attorneys are certified by the NJ Supreme Court as Certified Civil Trial Attorneys.  Congratulations, Phil!