Case Results


The plaintiff alleged failure to obtain informed consent for a peripheral nerve block prior to carpal metacarpal arthroplasty surgery. The defendant filed a Motion to Dismiss specific allegations that sounded in medical negligence versus informed consent. After extensive briefing, the plaintiff voluntarily withdrew the action. Principal Laura Waltman represented the defendant. (July, 2023)

The patient alleged that the nurse practitioner failed to provide her with proper referrals prior to a scheduled surgery, and also, filed false claims of abuse and neglect against her partner with police and the Department of Developmental Services. The defense required careful analysis of the nurse practitioner’s challenges in providing care to a patient in the presence of a suspected abusive partner. Based upon a detailed written response to the allegations, the DPH dismissed the petition in its entirety. Principal Laura Waltman represented the nurse practitioner. (July, 2023)

The plaintiff filed a civil rights action in the United States District Court for the District of Connecticut against an APRN, alleging inadequate medical treatment as a form of retaliation in violation of the First Amendment. DL filed a Motion for Summary Judgment, arguing in part that the plaintiff had not exhausted his administrative remedies prior to filing the § 1983 claim. The District Court granted the Motion. Principal Thomas Plumridge represented the APRN. (February, 2023)

The plaintiff’s ward was an adult who intentionally lied to the defendant for the express purpose of obtaining treatment, which he then claimed he misused, resulting in injury. The trial court granted summary judgment pursuant to the wrongful conduct doctrine. The Appellate Court affirmed, Lastrina v. Bettauer, 217 Conn. App. 592 (2023). On appeal, the case was selected for presentation at Branford High School as part of the Appellate Court’s “On Circuit” program, which provides students, educators, and the public with a greater understanding of the appellate process. Principal Laura Waltman represented the defendant. (February, 2023)

The plaintiffs filed a medical malpractice Complaint with the written opinion letter of a surgeon on the basis that defendant physicians were acting as surgeons and not internists. The trial court disagreed and dismissed the case based upon the defense argument that the Complaint was devoid of factual allegations to support that the physicians were acting outside the scope of their practice. The Appellate Court affirmed, Labissoniere v. Gaylord Hospital, Inc., 199 Conn. App. 265 (2020). Principal Laura Waltman represented the practice group. (July, 2020)

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)