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Firm Obtains Defense Verdict in Wrongful Death Malpractice Suit

Charles Smith • June 28, 2022

Partners William Watson and Linda Montes obtained a defense verdict in a medical malpractice lawsuit venued in Suffolk County, New York. The malpractice claim against the firm's client, a doctor, was based on theories of misdiagnosis and delay. Specifically, it was alleged that the defendant failed to timely and properly diagnose and treat the decedent's aortic dissection and failed to obtain informed consent, resulting in injuries and death.


In obtaining this defense verdict, the defense counsel overcame these very serious claims through reliance on extensive witness cross-examination and expert testimony. Ultimately, the jury found for the firm's client. The jury rejected the plaintiff's broadly-claimed theories of negligence and relied on principles of proximate causation in concluding that the doctor's involvement in the care did not diminish the decedent's chance of recovery.


February 8, 2024
Bob Cypher, of O'Connor McGuinness Conte Doyle Oleson Watson & Loftus LLP, successfully defended an anesthesiologist from claims in which plaintiff alleged that he was caused to aspirate vomitus and gastric contents during induction and extubation, subsequently resulting in a prolonged stay in the intensive care unit of Hudson Valley/New York, Presbyterian Hospital, and causing bilateral foot drop. The medical condition at the center of this case, bilateral foot drop, is a neurological condition where a person experiences weakness or even paralysis in both feet. This makes it difficult to lift the front part of the foot and can affect walking and mobility. The defense presented a strong case through the testimony of the defendant anesthesiologist and experts in neurology, radiology, and anesthesiology. Mr. Cypher, with the assistance of his experts, utilized film studies to support the argument that no aspiration occurred during the medical procedure. . T he jury was convinced by the defense's evidence and expert testimony, unanimously finding in favor of the defendant anesthesiolog ist. Congratulations to Bob and his team for starting 2024 on a strong note and earning yet another defense verdict for a deserving client.
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