Voluntary Discontinuances Obtained for Clients – three attending OBGYNs – In High Exposure, Complex Medical Malpractice Action on Same Date Case Put on Trial Calendar.

Another win for Rubin Paterniti Gonzalez Rizzo Kaufman LLP and its OBGYN clients in a Supreme Court, Suffolk County medical malpractice action. During a recent pre-trial conference, Partner Gerald “Jerry” Murphy advised the court that the case was ready to be put on the trial calendar, but advised that a timely summary judgment motion with a supporting OBGYN board-certified expert affirmation was going to be filed the same day. After conferencing with the assigned judge, the court remanded the case to the trial calendar. Before the end of the conference, however, plaintiffs agreed to discontinue the matter against our clients with prejudice in its entirety, rather than face our dispositive motion. In this action brought by one of New York’s top-tier plaintiff’s firms, it was alleged that our clients and the co-defendants resident and hospital failed to properly care for a plaintiff/mother during her labor and delivery of twins. The malpractice centered around the alleged failure to timely and properly diagnose uterine atony and prolonged labor resulting in a Caesarian section, uncontrolled postoperative bleeding and subsequent need for hysterectomy with bilateral salpingectomy and left oophorectomy. During discovery, Jerry skillfully prepared and produced our clients for their depositions, enabling them to clearly navigate through the extensive set of medical records and succinctly explain the complex medical chronology and reasonable nature of their care. Jerry’s relentless effort to have the case against our clients dismissed and/or discontinued before trial – through skillful deposition preparations and a meticulous proposed summary judgment motion – yielded early results, eliminating potentially significant exposure and halting on-going defense costs. Jerry’s tenacity in defense of our clients is another example of RPGRK’s commitment to zealous representation to achieve the best possible outcome as earliest as possible. Great work Jerry!