Alan B. Friedberg

White Plains, NY, partners Alan Friedberg and Emily Fernandez, along with Christopher Peticca (Associate-White Plains, NY), obtained a defense verdict on behalf of a hand surgeon in the Supreme Court, Westchester County. The case involved allegations of failure to properly treat a mass in the left hand, which was removed by the firm’s client hand surgeon because of concerns for possible cancer.  A branch of the ulnar nerve had to be sacrificed to remove the entire mass, and plaintiff claimed that as a result, he developed a painful neuroma in the hand, numbness and weakness in the fingers, all resulting in his inability to obtain employment as a Master Mechanic. Plaintiff claimed that he was not properly informed of the risks of sacrificing the branch of the ulnar nerve.  Plaintiff ultimately obtained employment at a reduced salary from what he had been paid as a Master Mechanic, and was claiming the difference as lost earnings. Alan, Emily and Chris showed that the removal of the branch of the ulnar nerve was necessary to remove the entire mass, and in light of the concerns for cancer, was appropriate practice, notwithstanding the expert testimony of plaintiff’s hand expert. Further, they was able to show that his new employment provided a fringe benefit package that far exceeded in economic benefit any employment as a master auto mechanic. Surveillance obtained of plaintiff using the hand was presented with the assistance of paralegal Christine Alexander, which raised serious credibility issues with plaintiff’s testimony. The jury deliberated for 45 minutes and rendered a unanimous defense verdict.