Reported Decisions:

Ramos v. Weber, 2014 NY Slip Op 03943 (1st Dept. 2014), [dismissing action against hand surgeon for lack of informed consent in action involving "warning" from medical product manufacturer].

Cintron v. Montefiore Medical Center, 2012 92 A.D.3d 540, 939 N.Y.S.2d 24 (1st Dept. 2012), lv. to appeal denied, 19 N.Y.3d 813, 978 N.E.2d 601 (2012) [unanimously affirming grant of summary judgment to defendant hospital because its experts concluded that plaintiff’s kidney disease was not caused by low doses of medications used to treat rheumatoid arthritis; holding that timely discontinuance of medications ruled them out as potential causes, and that plaintiff failed to raise a triable issue of fact when she submitted an affidavit that contradicted her deposition testimony as to recommendations she was given to undergo a diagnostic renal biopsy, which she refused].

Benjamin v. Teixeira, 78 A.D.3d 434, 911 N.Y.S.2d 36 (1st Dept. 2010) [holding that a plaintiff seeking to restore a case to the trial calendar must make a factual showing including lack of intent to abandon action].

Janeczko v. Russell, 46 A.D.3d 324, 848 N.Y.S.2d 44 (1st Dept. 2007) [holding that failure to diagnose cannot be the basis for a claim of lack of informed consent].

Sha v. Memorial Sloan Kettering Cancer Center, 2000 U.S. Dist. LEXIS 17297 (S.D.N.Y. 2000), affirmed, 2002 U.S. App. LEXIS 4544 (2nd Cir. 2002), cert. denied, 2002 U.S. LEXIS 5885 (2002) [holding that failure to request an accommodation during informed consent counseling precludes federal civil rights claims].

Fernandez v. Safone, 270 A.D.2d 385, 705 N.Y.S.2d 267 (2nd Dep’t 2000) [reversing the trial court, holding that plaintiff failed to  raise a triable issue of fact as to the cause of a gas stove explosion where she testified at deposition that she smelled gas prior to the explosion].

Sinclair v. Cahan, 240 A.D.2d 152, 657 N.Y.S.2d 698 (1st Dep’t 1997) [holding that a series of discrete, routine visits to a surgeon  “keeping an eye” on a breast cyst did not establish continuous treatment for a precancerous condition which would extend the statute of limitations].

Gilmore v. Memorial Sloan Kettering Cancer Center, 1993 N.Y. Misc. LEXIS (New York County 1993) [Granting partial summary judgment dismissing all claims against defendant physicians and hospital for failure to warn about the risk of transfusions, or to offer autologous or directed donations, where the infant plaintiff was infected with HIV from transfusions received in 1983 during surgery and chemotherapy treatments for bone cancer.  The court also dismissed claims for failure to timely diagnose plaintiff’s HIV status, and failure to timely inform plaintiff that she was HIV positive.  The court found issues of fact existed as to only one of plaintiff’s claims, relating to the adequacy of testing of the transfused blood].

Trial Verdicts:

Defense verdict in Supreme Court, Bronx County on behalf of a gastroenterologist who allegedly failed to completely remove a pre-malignant polyp endoscopically.

Defense verdict in Supreme Court, Bronx County on behalf of oral surgeons who allegedly failed to prevent and diagnose a post-extraction infection, leading to emergency surgery and subsequent paresthesia.

Defense verdict in Civil Court, Kings County on behalf of an oral surgeon where the plaintiff developed Ludwig’s angina.

Defense verdict in Supreme Court, Bronx County on behalf of an interventional cardiologist and a hospital, where the plaintiff claimed that the wrongful death of a 46-year old man resulted from failure to diagnose hypertrophic cardiomyopathy (cited by the New York Law Journal as a noteworthy verdict of 2004).

Defense verdict in Supreme Court, New York County on behalf of an oral surgeon, where the plaintiff claimed permanent facial nerve damage due to negligent performance of orthognathic surgery.

Summary Judgment Victories:

Voluntary Discontinuances: