Litigation and Regulatory Compliance

Medical Malpractice Defense

Experience

Our recent trial court experience includes the following:

  • Defense verdict after 3-week jury trial alleging medical negligence, lack of informed consent and negligent infliction of emotional distress arising out of prenatal genetic test results
  • Directed verdict in a jury trial in a medical negligence case involving pre-operative nursing care
  • Defense judgment after a bench trial in a case alleging lack of informed consent
  • Defense judgment after bench trial in a case alleging failure to diagnose and treat a rare eye disease
  • Defense verdict in a trial alleging lack of informed consent
  • Successful motions to strike a parent’s claim for loss of filial consortium
  • Repeated wins when moving to strike CUTPA claims arising out of medical care
  • Significant briefing and argument in defense of plaintiff’s requests for peer review materials in credentialing files

Before the Department of Public Health:

  • Exceptional success rate in resolving DPH matters in favor of the providers and institutions
  • Contested evidentiary hearings before DPH in a variety of medical specialties

Representative appellate cases include:

  • Ruff v. Yale-New Haven Hospital, 172 Conn. App. 699 (2017) – affirmed the trial court’s preclusion of plaintiff’s nursing expert and grant of directed verdict in medical negligence case
  • Milton v. Robinson, 131 Conn. App. 760 (2011)— affirmed the trial court's preclusion of the plaintiffs' expert and a grant of summary judgment in a case alleging injury from a clinical drug trial.
  • Votre v. County Obstetrics and Gynecology Group P.C., 113 Conn. App. 569 (2009)—affirmed the dismissal of a suit alleging intentional infliction of emotional distress arising out of medical treatment.
  • Earlington v. Anastasi, 293 Conn. 194 (2009)—obtained on appeal a substantial reduction in economic damages in a birth-injury case.
  • Sherwood v Danbury Hospital, 278 Conn. 163 (2006)—established that a hospital has no duty to obtain the plaintiff's informed consent for blood transfusion.
  • Cohen v. Yale-New Haven Hospital, 260 Conn. 747 (2002)—left intact the trial court's substantial reduction in damages awarded in a case involving delayed diagnosis of cancer.
  • Haynes v. Yale-New Haven Hospital, 243 Conn. 17 (1997)—established that a CUTPA claim cannot be made against a hospital in a lawsuit alleging negligent medical treatment.