Defendant’s Verdicts for Bartlett and Elliott
July 2, 2014
Clifford A. Bartlett, Jr. obtained a defense verdict in a high-exposure brain-damaged baby case in Queens County
On June 17, 2014 a Queens County jury, after a seventeen-week trial, returned a verdict in favor of all defendants, including Mr. Bartlett’s client, the hospital. Plaintiffs asked the jury to award damages to a 6 year old girl who was quadriplegic, blind, bereft of intellect and fed through a G tube. Plaintiff’s attorney alleged negligence on the part of the hospital and various physicians during prenatal care which somehow caused birth injuries from hypoxic ischemic encephalopathy. The jury found, however, that the physicians did not fail to work up complaints that were supposedly made in the prenatal clinic. Further, the jury found a lack of causation from anything that the clinic staff of nurses and physicians were claimed to have done. Plaintiff intends to make a post-trial motion to set aside the verdict, which will be opposed by our in-house Appellate Practice team.
Robert F. Elliott obtains directed verdict in a psychiatric malpractice case
On June 27, 2014 Justice Kevin Kerrigan in Queens County Supreme Court dismissed plaintiff’s case for a failure to establish prima facie entitlement to a psychiatric malpractice claim. This case involved the involuntary confinement of a 61 year old woman for 57 days. Plaintiff’s expert testified that he disagreed with the defendant psychiatrists conclusion that the patient was psychotic and required involuntary confinement. He ultimately admitted that merely because he disagreed with their opinion does not mean that they in fact committed psychiatric malpractice. Indeed, he agreed that no psychiatric malpractice had been committed. On that basis the case was dismissed.
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