Alan B. Friedberg

Alan Friedberg (Partner-White Plains, NY) and Greg Shapiro (Of Counsel-White Plains, NY) obtained dismissal at trial in Supreme Court, Sullivan County, NY, for a health care facility client. The medical malpractice case alleged failure to diagnose a recurrent inner ear disorder, resulting in permanent left facial nerve palsy and hearing loss in a then 14-year-old patient. The plaintiff claimed that the co-defendant otolaryngologist employed by our client failed to diagnose the recurrent disorder. Plaintiff’s counsel refused to discontinue against our client, notwithstanding significant coverage that the co-defendant otolaryngologist maintained, asserting a $5 million demand. Through cross examination of the plaintiff’s expert witness, Alan was able to show that the failed diagnosis did not occur in the time period in which the co-defendant was employed by the firm’s client. Accordingly, after plaintiff’s case was completed, and prior to our motion to dismiss (which the judge was ready to grant), plaintiff’s counsel discontinued the case against our client. The expert secured by Alan and Greg then testified for the co-defendant otolaryngologist, resulting in a defense verdict.