by Mark Bauman | Feb 18, 2023 | SUCCESSES
Marshall L. Schwartz obtained a defense verdict in favor of an orthopaedic surgeon following a six day trial in Montgomery County. The plaintiffs alleged that the orthopaedic surgeon breached the standard of care by failing to diagnose the plaintiff-husband as suffering from a displaced left greater tuberosity fracture, failing to order additional diagnostic studies of the plaintiff-husband’s left shoulder, and failing to properly counsel the plaintiffs regarding appropriate treatment options for the patient’s shoulder. Plaintiffs maintained that the orthopaedic surgeon’s alleged negligence caused a delay in the performance of surgery on the plaintiff-husband’s left shoulder, which resulted in permanent stiffness, pain, weakness and degenerative changes to the arm. However, the defense presented evidence that the orthopaedic surgeon properly diagnosed the plaintiff-husband’s condition, ordered appropriate diagnostic studies, and advised the plaintiffs of all reasonable treatment options. Moreover, the defense offered evidence that the plaintiff-husband’s alleged injuries were not proximately caused by the orthopaedic-surgeon’s conduct. Following a brief deliberation, the jury returned a verdict in the orthopaedic-surgeon’s favor, finding that he did not deviate from the standard of care in treating the plaintiff-husband.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Michael O. Pitt and Stephanie M. Hohing obtained a defense verdict in favor of a cardiologist in Philadelphia County. Plaintiff’s decedent presented to the emergency room with chest pain and shortness of breath. A cardiology consultation was requested and at the time of the examination by the cardiologist the decedent was awake, alert and comfortable. A few hours following the examination, the decedent suffered an arrest and died several days later.
Plaintiff alleged that the decedent’s vital signs were not stable and that the cardiologist should have recommended prophylactic intubation. The defense maintained that there was nothing at the time of the cardiologist’s examination to suggest an acute cardiac or respiratory illness and, therefore, prophylactic intubation was not necessary.
After a five day trial and a brief deliberation, the jury found in favor of the doctor.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Anthony P. DeMichele obtained a declaratory judgment for an insurance company in a coverage dispute involving its insureds. The insureds, an attorney and his law firm, were sued in two separate state court actions based upon their involvement in gold futures investments. In the underlying litigation, ten plaintiffs filed two separate actions against the insureds claiming that the insureds were professionally negligent, that the insureds misrepresented information, and that the insureds breached their fiduciary duty to the plaintiffs. The plaintiffs’ claims stemmed from the insureds’ solicitation of the plaintiffs to investment money with a third party. Each of the plaintiffs claimed to have been represented by the insureds prior to the solicitation of the investments, and therefore, the plaintiffs alleged that the insureds represented them in the investment transactions that formed the basis of their claims. The plaintiffs invested approximately $9,000,000 through the insureds to a third party. The plaintiffs argued that the money was not used for investments but rather the money was used for loans, which were secured by notes and mortgages prepared by the insureds. The insureds also argued that the money was used for loans. Based upon the allegations of professional negligence, the insureds submitted the claims to their insurance company for coverage.
Mr. DeMichele initiated a declaratory judgment action in the United States District Court for the Middle District of Pennsylvania seeking a declaration from the court as to the parties’ rights under the insurance policy at issue. In the declaratory judgment complaint, Mr. DeMichele asserted that certain exclusions in the insurance policy did not provide coverage for the plaintiffs’ claims, and therefore, the insurance company did not have a duty to defend its insureds or a duty to indemnify its insureds with regard to the claims that were asserted in the underlying state court actions. At the close of the pleadings phase of the litigation, the plaintiffs moved for judgment on the pleadings arguing, among other things, that the exclusions in the insurance policy did not preclude coverage of the claims. Mr. DeMichele responded to the plaintiffs’ motions and argued that the policy exclusions did apply, and based upon the allegations in the plaintiffs’ complaints in the underlying litigation, there was no coverage under the insurance policy. The court agreed with Mr. DeMichele’s position and denied the plaintiffs’ motions for judgment on the pleadings. At the same time, the court declared that the insurance company did not have a duty to defend or a duty to indemnify its insureds in the plaintiffs’ underlying state court actions.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Dan Ryan, Carolyn Bohmueller and Melissa Mazur secured a defense verdict in favor of a hospital following a six day jury trial in Montgomery County, Pennsylvania. The plaintiff, a prominent local celebrity, alleged that a hematologist/oncologist failed to properly diagnose her rare condition called POEMS (polyneuropathy, organomegaly, endocrinopathy, monoclonal gammopathy, and skin lesions) syndrome and failed to offer her appropriate treatment. The hematologist/oncologist was on staff at the hospital, and alleged to be an ostensible agent of the hospital. Plaintiff claimed that the standard of care required that she should have been referred for a second opinion, she should have been diagnosed with POEMS, and high dose chemotherapy with autologous stem cell transplantation should have been recommended. Plaintiff claimed that, as a result of the alleged negligence, she suffered a loss of earning capacity which exceeded $7,000,000, as well as pain and suffering and loss of life’s pleasures. The defense for the hospital rebutted agency and substantive claims, and presented evidence that the use of high dose chemotherapy with stem cell transplantation for POEMS syndrome was experimental at the time, and is still not considered to be the standard of care for treatment of POEMS syndrome. The jury determined that neither the hospital nor the physician were negligent.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Anthony P. DeMichele, along with co-counsel, Domenick Carmagnola of Carmagnola & Ritardi, LLC in Morristown, New Jersey, obtained a defense verdict for a closely held office products company and its chief executive officer in a breach of contract and conversion claim brought by the company’s former president. The lawsuit, initially filed in Philadelphia County but transferred to Bucks County where the company maintains its operations, claimed that the former president was entitled to the value of 10% stock ownership in the company, basing his right to the stock on a handshake deal he claimed he reached with the founder and chief executive officer of the company. As part of his claim, the former president argued that he paid $100,000 for the first 4% of the stock and that the remaining 6% was owed to him because his rights to obtain the remaining stock vested when he was terminated without cause. The former president contended that the acceptance of the payment created a contract for the sale of the 4% stock interest. The company and chief executive officer argued that the payment of the $100,000 was made through misrepresentations and fraud by the former president and that the company and chief executive officer were wrongfully induced into accepting the $100,000 payment. Further, the company and chief executive officer presented evidence that that the former president failed to perform his duties as president of the company, and as a result, his termination was for cause. As part of his claim, the former president presented expert witness testimony that the company was worth in excess of $70 million dollars at the time of his termination, and therefore, he was entitled to damages in excess of $7 million dollars. After a six day trial, the jury returned a unanimous defense verdict on all claims and did not award any damages to the former president.
