News Brief

Fisher Obtains Defense Verdict in Medical Malpractice Case for Nursing Home

February 4, 2020

Gillian Fisher (Of Counsel-New Jersey) obtained a defense verdict on behalf of a nursing home in a medical malpractice/wrongful death case after a four-week jury trial in Supreme Court, Richmond County, New York. The plaintiff claimed that the decedent, a 78-year old male, developed gangrene after improper care at a nursing facility and that there was a delay in transfer to a hospital. After four surgeries, septic shock and a myocardial infarction, the patient was discharged with a catheter and colostomy bag he had for his remaining seven months of life. On day two of the trial, the plaintiff’s infectious disease expert attempted to change his testimony, but was precluded when Gillian obtained on cross that he had spoken with plaintiff’s attorney between the two days of testimony. All punitive claims and the wrongful death claim were dismissed during trial. A doctor at the nursing home also was sued and had separate counsel at trial, but the nursing home was first named and was vicariously liable for the doctor. The jury came back with a unanimous verdict of no departures in less than two hours of deliberation for both the nursing home and the doctor. Gillian worked closely with co-defendant’s counsel to assure a unified defense, which helped achieve the result. Assisting Gillian in this trial were Neha Shah (Paralegal-New Jersey) and Nancy Nehama (Nurse-New Jersey). Robin Gregory (Partner-New York) and Mark Vespole (Partner-New Jersey) assisted with strategy issues.

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