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Irv Hirsch Obtains Defense Verdict at Trial with Mary Mathwich

December 11, 2014

Irv Hirsch (Partner-New York), assisted by Mary Mathwich (Of Counsel-White Plains), obtained a unanimous verdict for the firm’s client, an internist, following a nearly three-week medical malpractice jury trial in New York Supreme Court. The plaintiff, the decedent’s daughter and the administratrix of his estate, claimed that the internist said the symptoms her father experienced, hoarseness, significant weight loss and daily spitting up of blood, were normal and no action needed to be taken. The internist testified that he never met the plaintiff and that no such symptoms were ever reported to him. An otolaryngologist later diagnosed the decedent with cancer of the larynx, stage two, and after radiation, surgery and chemotherapy, the decedent passed away. The plaintiff asked the jury to award $4 million for pain and suffering and nearly $1 million for pecuniary damages for an alleged failure to timely diagnose and treat cancer of the larynx. The Wilson Elser team called two experts. The first was a surgical oncologist from MD Anderson Cancer Center in Houston, TX, who specializes in cancer of the larynx and the second an internal medicine expert from NY Cornell Hospital; both refuted the opinions of plaintiff’s expert, who had never diagnosed cancer of the larynx, as he treats patients post-diagnosis.

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