Michael Grady is an accomplished trial lawyer with more than 30 years of experience. He boasts an enviable record of success in securing defense verdicts and favorable settlements on behalf of hospitals, physicians and medical groups, as well as major insurance carriers and their insureds.   Over the course of his career, Michael has handled more than 100 trials and taken at least 80 jury verdicts, with six complex medical malpractice cases tried to verdict in the past year.

Michael likewise represents owners and operators of long-term care facilities, assisted-living facilities and hospitals in New York and surrounding states in lawsuits that involve allegations of medical negligence, corporate negligence, administrative negligence, inadequate staffing, wrongful death and statutory violations of residents’ rights. In addition, Michael defends against claims of medical negligence, corporate negligence, inadequate staffing, wrongful death and statutory violations of patients’ rights.

With his vast experience in civil litigation, Michael has tried numerous complex cases to verdict, including claims of medical malpractice, catastrophic construction accidents, product liability, school and municipal liability, civil rights matters, police brutality claims, premises liability and automobile liability.

Before joining Wilson Elser, Michael was the managing partner at a highly regarded New York personal injury defense firm, overseeing all aspects of case management for the medical malpractice and general liability divisions. He also served as an assistant district attorney with the Westchester County District Attorney's Office, handling cases in the Organized Crime and Homicide Bureaus, where tried several cases to verdict.

Areas of Focus

Medical Malpractice
Michael’s depth of knowledge and experience in defending medical malpractice claims, coupled with Wilson Elser’s renowned strength in insurance defense, has attracted a growing roster of clientele, including nationally renowned physicians and premier teaching hospitals. He also represents dentists, nurses, paramedics, podiatrists, radiologists, pathologists, counselors, social workers and other members of the allied health professions as well as managed care organizations and privately run emergency rooms.

    Education

    • Suffolk University Law School (J.D., 1987)
    • University of Massachusetts, Amherst (B.A., 1984)

    Bar Admissions

    • New York

    Court Admissions

    • Supreme Court of the United States
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York

    Professional Affiliations

    • Westchester County Bar Association
    • New York State Bar Association
    • DRI: The Voice of the Defense Bar

    Awards & Honors

    • Selected for inclusion in The Best Lawyers in America®, 2024-2026
    • Selected for inclusion in New York Metro Super Lawyers® in the Personal Injury Medical Malpractice category, 2023, 2025

Events

Michael Grady is an accomplished trial lawyer with more than 30 years of experience. He boasts an enviable record of success in securing defense verdicts and favorable settlements on behalf of hospitals, physicians and medical groups, as well as major insurance carriers and their insureds.   Over the course of his career, Michael has handled more than 100 trials and taken at least 80 jury verdicts, with six complex medical malpractice cases tried to verdict in the past year.

Michael likewise represents owners and operators of long-term care facilities, assisted-living facilities and hospitals in New York and surrounding states in lawsuits that involve allegations of medical negligence, corporate negligence, administrative negligence, inadequate staffing, wrongful death and statutory violations of residents’ rights. In addition, Michael defends against claims of medical negligence, corporate negligence, inadequate staffing, wrongful death and statutory violations of patients’ rights.

With his vast experience in civil litigation, Michael has tried numerous complex cases to verdict, including claims of medical malpractice, catastrophic construction accidents, product liability, school and municipal liability, civil rights matters, police brutality claims, premises liability and automobile liability.

Before joining Wilson Elser, Michael was the managing partner at a highly regarded New York personal injury defense firm, overseeing all aspects of case management for the medical malpractice and general liability divisions. He also served as an assistant district attorney with the Westchester County District Attorney's Office, handling cases in the Organized Crime and Homicide Bureaus, where tried several cases to verdict.

Michael F. Grady

Grady & Funchion Score Unanimous Defense Verdict Hospital ER

Michael Grady (Partner-White Plains, NY) and Siobhainin Funchion (Of Counsel-White Plains, NY) obtained a unanimous defense verdict for their client hospital in a two-and-a-half week trial in the Supreme Court of Putnam County. The case involved the death a 55-year-old male leaving behind a widow and four children following  cardiac arrest two days after an emergency room presentation for radiating left shoulder pain. The plaintiff alleged the defendants failed to properly rule out a cardiac cause for the presenting pain with a medical history of hypertension, coronary artery disease, and hyperlipidemia and family history significant for heart attacks. At trial, Mike and Siobhan argued that the emergency room presentation was consistent with a chronic orthopedic etiology that did not warrant cardiac workup, and that postmortem pathology was consistent with a sudden acute cardiac event rather than chronic underlying cardiac condition. On physical exam, the decedent’s shoulder pain was reproduceable with movement and he responded to treatment with an anti-inflammatory and pain medication injection. The defendants’ experts opined that cardiac pain is not reproducible in nature nor would it respond to an anti-inflammatory or pain medication to completely resolve, and our experts further explained that cardiac left extremity pain typically presents with chest pain radiating to the left arm, rather than shoulder pain radiating to the elbow/hand. The trial involved 11 witnesses including 5 experts in the fields of cardiology, pathology, and emergency medicine. The plaintiff’s attorney asked the jury for $23 million in this overly contentious trial. The jury found unanimously for our client in two hours. 

Michael F. Grady and Siobhainin S. Funchion

Grady and Funchion Take Jury Verdict on Three Departure Questions within 40 Minutes

White Plains, New York, partner Michael F. Grady and of counsel Siobhainin Funchion obtained a unanimous defense verdict for their obstetrician and medical group clients in a contentious almost month-long trial in Supreme Court, Dutchess County involving claims of a failure to timely diagnose a cerebral sinus venous thrombosis (stroke) in a then 31-year-old pregnant patient resulting in alleged catastrophic physical and cognitive damages. Plaintiff alleged a failure to timely diagnose and loss of chance for a better outcome. The trial involved six experts in the fields of obstetrics, neurology, neuropsychology and a life care planner. At trial, Mike and Siobhan argued the plaintiff’s headache was an acute non-obstetrical complaint that was worked up in two emergency department visits during the time of treatment at issue, that headaches are a commonly known symptom during pregnancy, and that the short-term interval pregnancy did not increase her likelihood of clotting. On the eve of the jury charge, Siobhan was successful in defeating plaintiff’s request for a Noseworthy charge (allowing for a lower burden of proof due to plaintiff’s alleged memory issues). During closing statements, the plaintiff’s attorney painted a sympathetic picture of a young single mother and asked the jury for $25 million. The jury found unanimously for our clients on three departure questions within 40 minutes.

Michael F. Grady and Siobhainin S. Funchion

Grady and Funchion Obtain Unanimous Defense Verdict in $25 Million Medical Malpractice Suit

Michael F. Grady (Partner-White Plains, NY) and Siobhainin Funchion (Of Counsel-White Plains, NY) obtained a unanimous defense verdict for their client hospital in a contentious four-week trial in the Supreme Court of Orange County. The case involved the death of a 28-year-old woman following an emergent cesarean section, during which the obstetrician cut the right uterine artery. The plaintiff alleged all defendants failed to timely diagnose postpartum hemorrhage and that our client’s nursing staff and codefendant anesthesiologist failed to properly monitor the patient, leading to her developing hypovolemic shock, cardiac arrest and ultimately anoxic injury resulting in the her death 10 days later. In addition to defending the nursing staff, Mike and Siobhan defended the anesthesiologist’s care and treatment to protect our client’s vicarious liability interests. Before jury selection, codefendant obstetrician settled with the plaintiff. At trial, Mike and Siobhan argued that the nursing staff appropriately monitored the patient and that no physician involved indicated they had sufficient information to make a diagnosis and provide treatment. Mike emphasized that while the obstetrician was no longer a defendant, her conduct was “everywhere.” At the close of evidence, Mike and Siobhan argued and were granted a directed verdict against the settling obstetrician, as plaintiff’s experts during trial acknowledged the obstetrician’s negligence was a substantial factor in the patient’s death. During closing statements, plaintiff’s attorney painted a devastating picture of the death of a 28-year-old woman and an autistic son who would never know his mother. Plaintiff’s attorney asked for $25.4 million. The jury found unanimously for our client and codefendant within 30 minutes.

Michael F. Grady and Siobhainin S. Funchion

Grady, Funchion and Lacy Obtain Defense Verdict in Contentious Medical Malpractice Case

White Plains, New York, partners Michael Grady and Patricia Lacy and of counsel Siobhainin Funchion obtained a unanimous defense verdict for the firm’s neurologist and medical group clients in a contentious 2 ½-week trial in the Supreme Court of Westchester County. Plaintiff alleged that our client neurologist failed to timely diagnose and treat a subdural hematoma in 42-year-old plaintiff who had fallen and hit his head 19 days earlier while rollerblading without a helmet. Plaintiff further alleged that our client neurologist failed to advise the patient to stop taking Advil/ibuprofen, which resulted in worsening of the subdural hematoma. Finally, plaintiff alleged that our client failed to order STAT imaging when the patient returned three weeks later with complaints that his headaches had worsened the week prior, with continued dizziness and a new complaint of difficulty gaging the floor. Our client ordered an MRI of the brain, but not STAT, which revealed a large subdural hematoma with herniation appreciated, which required a craniotomy the following day. Plaintiff alleged that the delay in diagnosis resulted in significant brain damage, including memory loss and behavioral changes. Mike and Siobhan argued that the client’s diagnosis of post-concussion syndrome was appropriate given the mild nature of the initial complaints, normal physical and neurological exams, and plaintiff’s delay in seeking medical care. They further contended that not every head injury requires imaging. As to the second appointment, Mike and Siobhan argued that STAT imaging was not warranted as physical and neurological examinations remained within normal limits. They argued that the brain injury at issue was from the concussion, not the hematoma, and through their expert neurosurgeon established that regardless of when the hematoma was diagnosed it would not have changed the ultimate outcome. Notably, plaintiff sustained a second fall four years after the initial fall during the course of litigation, resulting in a subarachnoid hemorrhage and subdural hematomas causing permanent brain damage rendering plaintiff unable to work and requiring 24-hour care. Due to procedural defects in plaintiff’s attempt to vacate the Note of Issue two years prior to trial, Siobhan successfully argued to preclude any departures or causation issues related to the second fall and sequalae on the verdict sheet and jury charge. The case involved five experts in the fields of radiology, neurosurgery and neurology and three departure questions on the verdict sheet. The plaintiff’s attorney asked the jury to award $4 million. The jury found unanimously for our clients on all three departure questions.

Michael F. Grady, Siobhainin S. Funchion and Patricia Lacy

Grady, Funchion and Lacy Obtain Unanimous Verdict in Favor of Urologist under Claim of Failure to Diagnose

Michael Grady (Partner-White Plains, NY), Siobhainin Funchion (Of Counsel-White Plains, NY) and Patricia Lacy (Of Counsel, Now Partner-White Plains, NY) obtained a unanimous defense verdict on behalf of their urologist and medical group clients in a two-week trial in the Supreme Court of Westchester County, New York. The plaintiff alleged failure to timely diagnose prostate cancer resulting in the need for a radical prostatectomy and radiation with resulting permanent incontinence and impotence. The cancer was clinically Stage I and pathologically Stage IIIC. Mike and Siobhainin argued that their client appropriately monitored the patient’s condition and that no physician could opine within a reasonable degree of medical certainty that an earlier diagnosis would have changed the outcome. The plaintiff, notably, used the expert testimony of a general surgery expert (with a subspecialty in plastic surgery) to establish departures from the standard of care and proximate causation, leading to an interesting and antagonistic cross examination. The plaintiff’s attempts to introduce a loss of chance claim were denied upon Siobhainin’s oral argument in opposition. The plaintiff asked the jury to award a “reasonable seven-figure” verdict. The jury returned a unanimous defense verdict in 55 minutes.

Michael F. Grady, Siobhainin S. Funchion and Patricia Lacy

Grady, Funchion and Lacy Secure Defense Verdict for Obstetrician and Medical Group

Michael Grady (Partner-White Plains), Siobhainin Funchion (Of Counsel-White Plains) and Patti Lacy (Of Counsel-White Plains) obtained a defense verdict on behalf of obstetrician and medical group clients after a three and a half week jury trial conducted in the Supreme Court of Westchester County. The plaintiff alleged a failure to offer and timely perform a cesarean section and that our client obstetrician failed to obtain informed consent for a vacuum-assisted delivery. The plaintiff alleged that as a result of the vacuum use, the infant sustained right-sided brain injury resulting in focal epilepsy, permanent left-sided hemiparesis and significant cognitive delays. Mike and Siobhan argued that the labor was appropriately managed, and at the point where delivery became urgent, a cesarean section was not indicated, concluding that vacuum-assisted delivery was the safest way for the infant to be delivered. They further argued that the child’s damages were not related to a birth injury, but rather were idiopathic epilepsy in nature. The plaintiff’s attorney asked the jury to award $60 million at trial ($28 million in pain and suffering and $32 million in economic damages) after presenting evidence to this effect. The jury unanimously found that the client did not depart from the obstetrical standard of care and that a reasonable person in the plaintiff’s position would not have declined the vacuum-assisted delivery under the circumstances. The trial included testimony from nine expert witnesses.

Michael F. Grady, Siobhainin S. Funchion and Patricia Lacy

White Plains Team Secures Unanimous Verdict for Hospital in $10 Million Medical Malpractice Suit

Michael Grady (Partner-White Plains, NY), Siobhainin Funchion (Of Counsel-White Plains) and Lauren Santucci (Associate-White Plains) obtained a unanimous verdict in Dutchess County Supreme Court on behalf of Wilson Elser’s client, a hospital. The plaintiff, 29 years old at the time, alleges our client and the co-defendant emergency room physician failed to recognize signs and symptoms of compartment syndrome of the left arm following a biceps repair procedure by the co-defendant orthopedic surgeon, leading to a delay in treatment and permanent disability of his arm. The plaintiff also alleges the orthopedic surgeon negligently caused and failed to promptly assess and diagnose the operative complication. Michael and the emergency room physician’s counsel argued that the plaintiff was appropriately examined and evaluated in the emergency department and that his signs and symptoms were consistent with post-operative pain versus compartment syndrome. The plaintiff’s demand at trial was $10 million. The three-week jury trial resulted in a unanimous verdict for our client and the emergency room physician. The jury did, however, render a verdict against the orthopedic surgeon.

Michael F. Grady, Siobhainin S. Funchion and Lauren Claire Santucci

Grady and Greenwood Obtain Defense Verdict in Failure to Diagnose Stroke Case

Michael Grady (Partner-White Plains, NY), ably assisted by Kierra Greenwood (Associate-White Plains, NY), obtained a unanimous defense verdict in the Supreme Court of Nassau County in 45 minutes against a demand of $2.5 million. Michael and Kierra represented an emergency medicine physician and hospital in a case in which the plaintiff claimed our physician failed to diagnose an ongoing acute stroke and improperly discharged the patient. The patient presented with complaints of right-sided weakness, headache, slurred speech and elevated blood pressure. Our ER physician found an entirely normal exam except for slurred speech, and did a full work-up by obtaining a CT scan without contrast, chest x-ray and EKG, all of which were negative. She further provided aspirin and a statin, and then re-evaluated the patient by which time all the symptoms had resolved, and diagnosed the patient with a TIA (a transient ischemic attack), which presents with stroke-like symptoms but is transient and resolves. The patient was discharged home with instructions to follow up with her primary care provider the next morning. The next day, the patient was brought to another hospital where she was diagnosed with a stroke, resulting in the patient being confined to a wheelchair, with significant speech impairment, and was unable to use her right arm for the remaining five years of her life. Michael and Kierra argued that the ER physician met the emergency medicine standard of care; performed a thorough and proper work-up; correctly diagnosed the patient with a TIA; that strokes often occur following a series of TIAs; and that one cannot prevent a stroke or affect its severity.

Michael F. Grady

Grady and Funchion Secure Defense Verdict in Erb’s Palsy Case

Michael Grady (Partner-White Plains, NY) and Siobhainin Funchion (Of Counsel-White Plains, NY) obtained a defense verdict on behalf of their obstetrician and medical group clients after a two-week jury trial conducted in the Supreme Court of Westchester County. The plaintiff alleged failure to recognize and respond to a shoulder dystocia during labor and delivery, resulting in a right brachial plexus/Erb’s palsy injury to the infant, and that the obstetrician used excessive traction during the delivery resulting in the injury. Mike and Siobhainin argued that the labor was uneventful, that the head and shoulders delivered without issue and as such there was no shoulder dystocia that created an obstetrical emergency. The trial included a recent video of the infant-child from her mother’s Facebook page appearing less injured than alleged, and – unknown to plaintiff’s counsel – a past felony fraud conviction of plaintiff’s sole non-party witness. The demand at trial was $2.6 million. The jury returned a defense verdict within two hours.

Michael F. Grady and Siobhainin S. Funchion

Grady Obtains Defense Verdict for NY Hospital in Premises/Nursing Liability Action

Michael Grady (Partner-White Plains), with the able assistance of Lauren Santucci (Associate-White Plains), obtained a defense verdict on behalf of our client, a New York acute care hospital, in a nursing/premises liability action before a jury in Supreme Court, Putnam County. The plaintiff, a 28-year-old male, presented to the ambulatory surgery unit for a back procedure. He alleged that negligent nursing care led to an accident, which in turn led to claimed injuries to his back and right shoulder. The plaintiff claimed the shoulder was unresponsive to physical therapy and required surgical rotator cuff repair. He also claimed ongoing pain and permanent loss of shoulder function. The pretrial settlement demand was $675,000. The jury returned a unanimous defense verdict for our client on liability within 30 minutes.

Michael F. Grady and Lauren Claire Santucci

Grady Secures Unanimous Defense Verdict for Critical Care Physician and Hospitalist in Wrongful Death Case

Michael Grady (Partner-White Plains, NY) obtained a defense verdict on behalf of two physician clients (Critical Care and Hospitalist) in a three-week jury trial conducted in the Supreme Court of Westchester County. The case involved a 67-year-old who presented to the Emergency Department vomiting blood, weakness and fullness in her abdomen. She was admitted to the ICU under the care of our client for an upper GI bleed. A GI consult attempted but aborted an endoscopy procedure after five minutes as the volume of blood in the esophagus and stomach obfuscated the source of the bleed. A surgery consult ruled out a surgical option given the patient’s instability and unknown location of the bleed. Interventional radiology then performed an angiogram and embolized two identified sources of bleeding. The patient coded upon return to the ICU. Life support was removed several hours later, approximately 15 hours from her presentation to the Emergency Department. There was no autopsy. At trial, plaintiffs’ counsel argued that consults were not timely obtained, that a central line should have been placed as the four peripheral lines did not provide sufficient resuscitation with fluids and blood products, causing the patient to bleed out. Expert testimony was provided for both sides during the trial. The demand before trial was $2.7 million. The jury returned a unanimous defense verdict for both of our physician clients and the hospital within two hours. Mike was ably assisted by Patricia Lacy (Of-Counsel-White Plains) and Kierra Greenwood (Associate-White Plains).

Michael F. Grady and Patricia Lacy

Grady, Lacy and Greenwood Obtain Defense Verdict in Favor of a Neurologist in Suspected Brain Tumor Case

Michael Grady (Partner-White Plains, NY), assisted by Patricia Lacy (Of-Counsel-White Plains, NY) and Kierra Greenwood (Associate-White Plains, NY), obtained a unanimous jury defense verdict in Supreme Court, Westchester County on behalf of a neurologist. The plaintiff was a 51-year-old woman who came to the firm’s client with a sudden onset of speech difficulty and right upper extremity weakness. After several tests, a 2.5 cm lesion was revealed consistent with a brain tumor according to the consulting neurosurgeon. The second defendant neurosurgeon recommended a biopsy rather than surgery, and during the procedure, the plaintiff suffered a significant hemorrhagic bleed that left her with severe paralysis on the right side and profound neurologic, speech and cognitive impairment, an unfortunate risk that was explained to the plaintiff prior to the biopsy. The biopsy result was consistent with a TDL, a rare presentation of multiple sclerosis, which would have gone away with time. Mike, Patricia and Kierra argued that the doctors’ prioritization of what was thought to be an ominous brain tumor precluded a “wait and see” approach. The demand prior to trial was $6.5 million. After testimony from two defendant physicians and five experts, the jury returned a unanimous defense verdict for both defendants, though the codefendant paid $750,000 in a hi low agreement reached with plaintiff during deliberations.

Michael F. Grady and Patricia Lacy

Selmeci Upholds Trial Win by Grady and Semlies at Second Department

Judy Selmeci (Partner-New York, NY) successfully defended in New York Supreme Court, Appellate Division the defense verdict obtained by White Plains partners Michael Grady and Lori Semlies. In the underlying matter, the plaintiff alleged that the hospital’s radiology technician violated hospital protocols while administering intravenous contrast. Mike and Lori argued at trial that although the employee administered contrast at a different rate than the hospital’s policy suggested, the technician abided by the guidelines of the American College of Radiology which reflect the standard of care; therefore there was no malpractice. Mike and Lori consulted with the Appellate team frequently during the contentious trial and built record that proved to be a solid foundation of research and arguments for the appeal. The Appellate Division held that the hospital’s policy was merely “some evidence of negligence” and the jury could find, despite violation of the policy, as it did that the defendants did not depart from the standard of care.

Michael F. Grady, Lori Rosen Semlies and Judy C. Selmeci

Grady Obtains Defense Verdict in BRCA-2 Prophylactic Mastectomy Case

Michael Grady (Partner-White Plains, NY) obtained a defense verdict in the first in-person jury trial conducted in Supreme Court, Westchester County since the outset of the COVID-19 pandemic. The case involved a woman who was found to be BRCA-2 positive and opted to undergo a prophylactic bilateral nipple-sparring mastectomy, performed by our client, a breast surgeon. The surgery reduced the plaintiff’s risk of cancer to 3-4 percent and there were no complications. The plaintiff later had a third child and suffered swollen and deformed breasts due to unilateral milk discharge. A second opinion from another breast surgeon initially indicated too much tissue had been left behind, but he later opined that the plaintiff had significant risk reduction of cancer and there was “no absolute need” to  remove additional tissue. Six months later plaintiff elected surgery for larger implants and had additional breast tissue and fat excised. Mike proved to the jury that (1) our client removed as much tissue as physiologically possible, greatly reducing the plaintiff’s risk of breast cancer; (2) the excess tissue was visualized after pregnancy due to the influence of pregnancy and lactation hormones; and (3) the subsequent surgery was not medically necessary and was in whole or in part performed due to the plaintiff’s desire for larger breast implants. After a two-week trial, the jury returned a defense verdict in under 30 minutes. 

Michael F. Grady

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