Case Results

On July 16, 2019, the Appellate Court of Connecticut affirmed a judgment in favor of a neurosurgeon and his practice group. Scott v. CCMC Facility Practice Plan, Inc., 191 Conn. App. 215 (2019). Plaintiff claimed that the neurosurgeon negligently caused a spinal cord injury arising out of a surgery to implant a spinal cord stimulator. At trial, the jury found in favor of the defendants, concluding that the physician did not deviate from the prevailing standard of care for neurosurgeons. Joyce Lagnese represented the defendants.

Plaintiff alleged that CT imaging of the chest was indicative of air outside the esophagus and consistent with an atrial esophageal fistula, resulting in a stroke. Plaintiff brought direct claims against the hospital, as well as those of agency. After extensive discovery, including the depositions of over 20 fact and expert witnesses, DL obtained a voluntary withdrawal. Ed Mayer and Laura Waltman represented the hospital. (2019)

Plaintiff made claim against hospital arising out of a lumbar spinal fusion procedure. Plaintiff alleged that placement of pedicle screws resulted in revision surgery and permanent injury. After fact witness depositions were completed, plaintiff voluntarily withdrew the action. Ed Mayer and Tom Plumridge represented the hospital. (2019)

Plaintiffs withdrew a medical malpractice lawsuit against a medical group and its anesthesiologist and nurse anesthetist following completion of depositions of plaintiff’s standard of care experts with no payment made on behalf of any medical provider. Jake Kocienda represented the defendants. (2019)

Plaintiff commenced an action against a rehabilitation facility by the filing of a complaint, together with an opinion letter of a purported similar health care provider pursuant to Conn. Gen. Stat. §52-190a. The plaintiff brought claims sounding in medical malpractice, breach of the patient bill of rights act and the ADA. The Court granted our motion to dismiss because the opinion letter had not been written by a similar health care provider. Ed Mayer represented the defendant. (2019)

Plaintiff sued hospital claiming the alleged violation of HIPAA resulted in DCF taking custody of patient’s children. Plaintiff withdrew the lawsuit following Danaher Lagnese’ filing of a motion for summary judgement. Aggie Cahill represented the hospital. (2019)

The plaintiff claimed that the physician negligently attempted a medication abortion too late in the pregnancy, resulting in failure of the termination procedure and birth defects in the minor plaintiff. The jury concluded that the physician did not deviate from the prevailing standard of care for obstetrician/gynecologists. Karen Noble represented the defendants. (2019)

Plaintiff brought a civil rights suit against a hospital in the U.S. District Court for the District of Connecticut alleging deliberate indifference to serious medical needs pursuant to 42 U.S.C. §1983 and violation of the Eighth Amendment to the U.S. Constitution. DL filed a motion to dismiss based upon lack of subject matter jurisdiction on the §1983 claims, the claim did not establish deliberate indifference, and that the treatment was adequate as a matter of law. The case was withdrawn following the filing of the motion. Ed Mayer represented the hospital. (2019)

The plaintiff claimed that the defendant family medicine physician was negligent in failing to refer the patient for cardiac work-up following an office visit and that such a referral would have prevented the patient’s death. In closing argument, the plaintiff’s counsel asked the jury to return a combined verdict of $10 Million. The jury found in favor of the defendant physician and practice group, concluding that the physician’s treatment plan was reasonable and did not deviate from the prevailing standard of care. Jake Kocienda represented the defendants at trial and was assisted by Laura Waltman as second chair. (2019)

Plaintiff alleged medical negligence in the performance of a total knee replacement and included actual and apparent agency claims against the hospital. Just prior to trial, the plaintiff withdrew the agency claims against the hospital without payment. Joyce Lagnese, Ed Mayer and Laura Waltman represented the hospital. (2019)