Michael E. Gallay

Michael Gallay (Partner-White Plains, NY) obtained a jury defense verdict in a trial in the Rockland County Supreme Court on behalf of a hospital and two operating room nurses. The plaintiff alleged he sustained a left quadriceps tendon tear during spinal surgery by co-defendant neurosurgeon. Plaintiff’s counsel opened on a theory that the plaintiff was dropped despite the absence of any documentation. However, the plaintiff’s expert neurosurgeon and orthopedist testified on cross examination that he could not have fallen. The theory of liability then changed to an unknown event that was not significant enough to have been noticed by the OR staff but serious enough to cause the patient’s knee injury. Our expert radiologist and orthopedist testified that the post-op MRIs showed a degenerative process that became symptomatic in the hospital, and that a traumatic quad tendon tear is biomechanically impossible in a patient under anesthesia. The court delivered a res ipsa charge over our objection, but the jury returned a verdict in favor of all defendants. Terese Guyette (Paralegal-White Plains, NY) is recognized for her significant contributions before and during trial.