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Diana M. Carlino and James B. Rosenblum received a defense verdict in a wrongful death action brought against an internal medicine practice in Danbury Superior Court. Plaintiff claimed that the medical providers failed to diagnose and treat an impending heart attack, and that the providers failed to obtain the patient’s informed refusal to undergo treatment. Attorneys Carlino and Rosenblum argued that the providers complied with the applicable standard of care in their treatment of the patient. They were also awarded costs expended to defend the suit, in accordance with State statute.

Diana M. Carlino successfully argued for dismissal of a malpractice action against a Fairfield County gastroenterologist. The Superior Court J.D. Stamford-Norwalk dismissed the action finding that plaintiff failed to attach a good faith letter at the time the action was commenced, as required by C.G.S. 52-190a. It went on to hold that plaintiff’s later efforts to amend the complaint to include the letter were not timely, as the amendment was filed after the statute of limitations had expired.

Diana M. Carlino successfully moved for Summary Judgment in Kings County Supreme Court, dismissing the medical malpractice action against a home health care agency. Plaintiff alleged that the client failed to provide proper wound care to the patient, which necessitated a prolonged hospitalization and subsequent interventions to debride and care for the decubitus ulcer. Attorney Carlino had previously succeeded on her motion to dismiss the wrongful death claim, as barred by the statute of limitations.

Diana M. Carlino and James S. Newfield received a defense verdict in a wrongful death action brought against an internal medicine physician in Hartford Superior Court. In the month-long trial, plaintiff claimed that the defendant failed to screen for lung cancer from 2005-2012, and failed to order a chest x-ray on a visit in 2006 when the patient presented to the physician’s office with chest complaints. The patient was diagnosed with Stage IV lung cancer in 2012 and succumbed to the disease shortly thereafter. Unbeknownst to the physician, a spiculated mass had been identified on a chest CT during a hospitalization in 2004, which was not followed-up on by the attending surgeon or surgical resident. The hospital and surgeon settled their claims prior to trial. Attorneys Carlino and Newfield argued that the 2004 spicule was not the lung cancer that was ultimately diagnosed, and the then-prevailing standard of care did not require lung cancer screening.

Diana M. Carlino obtained a judgment dismissing a wrongful death action against an internal medicine physician in Stamford Superior Court. Plaintiff alleged that the physician failed to enter proper orders regarding nutrition while the patient resided at a Fairfield County nursing home, leading to the patient’s death. Attorney Carlino filed a motion arguing that the summons and complaint were served after the statute of limitations expired.

Attorneys James Rosenblum and Diana Carlino represented a general surgeon and his medical practice in a wrongful death action brought in New Britain, Connecticut. The suit was originally brought against the surgeon, an intensivist and the hospital. Before trial, the claims against the intensivist and the hospital were settled. The case was tried against the surgeon. The patient received care and treatment in the intensive care unit at the hospital following a laparoscopic cholecystectomy that had been performed by the surgeon. The intensive care unit was a closed unit. Plaintiff claimed that the surgeon failed to timely diagnose and treat a bowel perforation, that caused the patient’s death. Defendants presented radiologic evidence to demonstrate that there was no indication of a perforation and that the patient’s symptoms could be attributed to the patient’s comorbidities. When radiologic evidence eventually did show evidence of a perforation, surgical repair was performed. Plaintiff claimed loss of life’s enjoyment, loss of consortium, and lost wages. The case was settled satisfactorily during the second day of jury deliberations.

Attorneys Jim Biondo and Diana Carlino defended internists during wrongful death trial, where client admitted liability. Defense focused on damages, wherein plaintiff was seeking unrealistic damage award. Jury returned verdict for amount defense had offered in settlement.

Attorney Jim Biondo defended a gynecologist at trial in a complicated gynecologic surgery case in Waterbury, Connecticut. On March 15, 2011, plaintiff presented to her gynecologist’s office for an annual exam with complaints of significant cyclic cramping and abnormal bleeding (light, brown spotting each month). An ultrasound demonstrated a hematometrea (pocket of retained old blood within the endometrial cavity). Thus, a dilation and curettage was scheduled at a local surgical center on March 25, 2011. The physician had difficulty locating the endocervical canal due to scarring and initially a false passage was created. The dilator was eventually passed into the endometrial cavity. And the hematometrea was removed. Vital signs were completely normal during the procedure as well as in the recovery room following the procedure, and plaintiff was discharged that same day. A couple hours later plaintiff called her gynecologist regarding a complaint of pain and she was directed to the emergency room. An exploratory laparotomy was performed and upon entering the area, a large retroperitoneal hematoma, extending from the cul-de-sac to the level of the left kidney was noted. No obvious source of bleeding could be identified, but it did involve the left side of the uterus. A hysterectomy was performed to gain control. The left tube and ovary were also excised. Following the hysterectomy, the source of the bleeding still could not be visualized. Intra-operative vascular consultation was obtained, and the left uterine artery was ligated, which stopped the bleeding. The cervix and uterus were sent to pathology for examination, and the pathologist testified that there was no through and through perforation of the uterus or cervix. The only noted injury was that there was a small area of hemorrhage located within the wall of the uterus, 2.5 cm in maximum dimension. Plaintiff was discharged four days later. The central claim in this case was that after the false passage was created, the surgeon never got into the uterine cavity. The alleged deviation was not recognizing that he never got out of the false passage. There was no claim that the creation of the initial false passage itself was a deviation, as this was an accepted risk of the procedure. Two treating physicians as well as several experts testified in the case, as well as the parties. There were no pre-trial negotiations. Jury returned a verdict for Plaintiff.

Attorney Jim Biondo obtained a unanimous defense verdict in claim for Lack of Informed Consent/Battery in Waterbury, Connecticut. Plaintiff sought typical damages, plus punitive damages for the alleged intentional tort. Plaintiff alleged that defendant failed to properly obtain his consent for a procedure, and then in fact performed a different procedure from which he had consented to. The provider aggressively disputed the allegations, using expert and factual testimony. Defense verdict was obtained after less than 15 minutes of jury deliberations.

Attorneys Jim Biondo and Diana Carlino obtained an arbitration award in favor of physician/client in claim against Third Party Payor (TPP) regarding termination of provider status. Physician/client alleged that he was wrongfully terminated from the approved provider list. Substantial evidence was produced demonstrating that TPP improperly excluded physician/client, then asserted improper allegations and irrelevant evidence in an attempt to justify their decision. Arbitration award not only fully reinstated physician/client, but ordered TPP to pay costs of arbitration.

James Rosenblum represented a cardiologist in a case involving an unusual type of ventricular tachycardia, which was tried to a defense verdict, reversed on appeal, and then finally settled in 2016 during trial in New Haven, Ct. Details are confidential.

Attorney James Newfield represented an internal medicine physician in a claim for treating possible tuberculosis where the patient subsequently developed neuropathies.

Attorney James Rosenblum defended an internal medicine specialist who was sued, along with a co-defendant GI specialist, in a case involving treatment for diverticulitis causing bleeding in a general hospital. The case was settled following a verdict for plaintiffs against all the defendants.

Attorneys James Rosenblum and James Biondo defended an obstetrician in a re-trial involving cerebral palsy and timing of performance of an elective C-Section. After 3 days of deliberations, jury rendered plaintiff’s verdict. The case was ultimately resolved after extensive negotiations.

Attorney James Rosenblum obtained a defense verdict after only 45 minutes of deliberation in a death action after gallbladder surgery. He represented three anesthesiologists and the anesthesia group in the three-week trial in Hartford, An autopsy revealed a lacerated hepatic artery. The plaintiff claimed that vital signs indicated significant internal bleeding and required earlier and more aggressive response. The plaintiff claimed that the patient had a bleeding disorder and that the defendants did not appreciate it.

Attorney James Biondo obtained a dismissal of action, after completion of jury selection, in a case against an obstetrician. The claim involved failure to diagnose placenta abnormalities, resulting in life-threatening hemorrhage during delivery, and permanent injuries. Dismissal was secondary to a motion to dismiss for failure to provide a supporting good faith letter by a similar health care provider (C.G.S. §52-190a & C.G.S. §52-184c(c)).

Attorney James Newfield obtained a unanimous jury decision for the defendant, a gastroenterologist. The case, brought in Orange County, New York, involved a claim that improper endoscopy caused necrotizing pneumonia, necessitating lung resection with permanent debility.

Defense verdict – in 2 1/2 hours in shoulder dystocia / brachial plexus injury case

Jim Biondo obtained a defense verdict in 20 minutes in a complex neurosurgery case. Plaintiff alleged serious, permanent neurological problems. This is one of many cases where a co-defendant blamed another physician and brought that physician into the case, and then settled, financing the case against the remaining defendant.

Jim Newfield achieved a defense verdict in a complex anesthesia case after four weeks of trial, including three days of jury deliberations, in an anesthesia case. Plaintiffs alleged an overdose of propofol, leading to respiratory depression, oxygen desaturation and cardiac arrest, followed by a stroke with hemiparesis, in connection with an ERCP. The anesthesia was “Monitored Anesthesia Care,” also known as “MAC” or “consious sedation.” Expert witnesses included neurologists, neuro-radiologists, anesthesiologists, and rehabilitation specialists.

Nominal damages awarded in response to $5 Million Demand. Jim Biondo obtained a phenomenal result in connection with a bariatric surgery case. The jury found for plaintiffs, but awarded plaintiff less than $90,000, and attributed most damages to a prior defendant who had settled. The case involved bariatric surgery. After the surgeon had settled, plaintiff continued the action against the anesthesiologist, claiming that the anesthesiologist was responsible for a delay in surgically treating hemorrhage, even though the surgeon had left the hospital and delayed returning when paged. Plaintiff claimed years of treatment, including surgery.

After four weeks of trial, and seven days of jury deliberations (over two weeks), mistrial was declared in a cerebral palsy case. The case involved histological fetal inflammatory response syndrome in a term infant, with testimony by a placental pathologist and maternal fetal medicine specialist who had done research in fetal inflammatory response syndrome.

Jim Newfield achieved a defense verdict in a New York case involving general surgery, pending in Carmel, NY (Putnam Co.). Plaintiff alleged that defendant, a gynecologist specializing in cancer surgery, negligently perforated the small intestine, during a procedure to search for recurrent ovarian cancer, which was necessary to biopsy before administering adjuvent therapy. The patient was found to have a perforation and peritonitis, and underwent further surgery, and died a few days after the surgery in question.

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Newfield, Biondo & Carlino LLC with offices in Norwalk, CT, New York, NY and White Plains, NY serves clients in Connecticut and the New York Metro-area including New York City, Bronx, Queens, Brooklyn, Nassau and Suffolk Counties on Long Island, and Westchester County.