April 2017 – A NY County DV for Robert Deutsch
Congratulations to Robert Deutsch and his litigation team for another ARFD defense verdict! Robert and his team successfully defended a prominent plastic surgeon in action involving claims of improperly performed plastic surgery.
January 2017 - Congratulations Amelia Choyne!
We are pleased to announce that Amelia Choyne has been elected to the Partnership of Aaronson Rappaport Feinstein & Deutsch, LLP.
January 2017 - Larry Bloomstein co-presents At NYS Bar on Attorney Ethics
Larry Bloomstein co-presented a program on 'attorney ethics during courtroom motion practice' for the Committee on Women in the Law at the NYS Bar Association's annual conference in January 2017.
September 2016 - Congratulations to 9 ARFD partners named as 2016 NY-Metro Super Lawyers!
Congratulations to the following 9 ARFD partners, named as 2016 NY-Metro Super Lawyers in seven different categories:
- Mark J. Aaronson: Medical Malpractice, Products, Personal Injury
- Robert S. Deutsch: Medical Malpractice, Products, Health Care
- Peter J. Fazio: Products, Medical Malpractice, Employment Litigation
- Craig P. Fenno: Medical Malpractice
- Nicholas J. Marotta: Medical Malpractice
- Robert S. Melnick: Medical Malpractice
- Nancy L. Pennie: Class Action/Mass Torts, Medical Malpractice
- Jay A. Rappaport: Products, Medical Malpractice
- Lawrence W. Rosenblatt: Medical Malpractice, Civil Litigation, Personal Injury
September 2016 - Congratulations to the 6 ARFD associates and of counsel named as 2016 Super Lawyer Rising Stars!
Congratulations to the following ARFD associates and of counsel named as 2016 Rising Stars by Super Lawyers:
- Alison G. Deaner: Medical Malpractice
- Kevin J. Denaro: Medical Malpractice
- Jesse A. Seiden: Medical Malpractice
- Philip L. Sutter: Medical Malpractice, Personal Injury
- Deirdre E. Tracey: Appellate
- Alexis M. Vigilante: Medical Malpractice
July 2016 – A NY County DV for Robert Deutsch
Congratulations to Robert Deutsch and his litigation team for another ARFD defense verdict!
This matter was tried in NY County. The Plaintiff presented to Hospital with acute abdominal pain. A CT scan showed either perforated gastric ulcer or perforated gastric neoplasm. A subsequent EGD demonstrated a suspected gastrointestinal stromal tumor (“GIST”); biopsies during the EGD were negative for cancer. The defendant recommended surgery to remove the suspected GIST and consent was obtained for laparoscopic removal of GIST vs. laparotomy with antrectomy. Intraoperative EGD revealed no GIST and intraoperative biopsies were again negative for cancer. However, during the course of surgery, the laparotomy was converted to an open procedure and the antrectomy performed.
Plaintiff contended that additional pre-operative testing should have been performed which would have revealed no GIST, thus avoiding surgery, and that the failure to do constituted a departure. Plaintiff further contended that when the intraoperative EGD revealed no GIST, the surgery should have been stopped, never converted to a laparotomy and that the antrectomy should never have been performed. Further, it was claimed that since informed consent was given based on the belief that there was a GIST, when it was discovered there was none, the defendant did not have consent to proceed with the antrectomy.
Defendant contended that the CT finding of perforated gastric ulcer vs perforated gastric neoplasm necessitated surgery to definitively ascertain whether there was a GIST present and, that the antrectomy was warranted given what was likely a perforated ulcer despite the long –term use of anti-ulcer medications.
July 2016 - Lawrence Rosenblatt speaking at CLM Conference
Lawrence Rosenblatt is an invited speaker at the 2016 CLM Conference to be held on July 14, 2016 in Boston. The subject matter is "Moving to preclude medical experts under Frye, Daubert and their progeny - when and why (or why not)."
June 2016 - Another Defense Verdict for ARFD!
Congratulations to Larry Bloomstein and his litigation team on another successful defense of an ARFD client in New York County. The case involved allegations the plastic surgeon failed to properly manage nasal reconstruction following removal of significant nasal basal cell carcinoma.
May 2016 – 3 More Defense Verdicts in May for ARFD!
Congratulations to Carol Russell (Nassau County), Robert Deutsch (Suffolk County) and Lawrence Rosenblatt (Staten Island) and their litigation teams for achieving 3 more defense verdicts for ARFD clients in May.
February 2016 – Defense Verdict in Nassau County
Congratulations to Robert Melnick and the ARFD litigation team for successfully defending a neurosurgeon in a case involving an alleged failure to timely evacuate a chronic subdural hematoma resulting in various cognitive deficits. After summations, the jury, in twenty minutes and without asking for any evidence, unanimously found for the defense.
January 2016 - ARFD named a 'Best Law Firm' by US News and World reports for 2016
ARFD is again pleased to announce its inclusion in U. S. News and World Report's 2016 edition of 'Best Last Firms'. ARFD has again been recognized as a Tier 1 law firm in Medical Malpractice, Product Liability, Personal Injury Defense and Health Care Law.
January 2016 - Congratulations David Canton!
We are pleased to announce that David Canton has been elected to the Partnership of Aaronson Rappaport Feinstein & Deutsch, LLP.
December 2015 - Nancy Pennie featured author in AHRMNY's Risk Management Quarterly Journal
Nancy Pennie was recently a featured author in The Risk Management Quarterly Journal, a publication created by The Association for Healthcare Risk Management of New York, Inc. (AHRMNY). Nancy's publication on "The Morcellator Controversy' can be found here.
November 2015 - Summary Judgment for an ARFD client
Jordana Seiden achieved summary judgment in New York County on behalf of a NYC-based hospital, arguing successfully that the plaintiff could not prove two of his causes of action and did not overcome the hospital's entitlement to summary judgment in opposition on the final, and third, cause of action.
November 2015 - Defense verdict in Queens County
Congratulations to Larry Bloomstein and the ARFD litigation team for successfully defending a pediatrician in a case involving the alleged misdiagnosis of malignant melanoma.
November 2015 - 3 defense verdicts in one week for ARFD clients!
In November ARFD achieved 3 defense verdicts for it's clients in one week! Congratulations to the following trial attorneys and their litigation teams:
- Jay Rappaport (New York County)
- Craig Fenno (Kings County)
- Neil Brenes (Queens County)
Notably, Craig and Neil achieved defense verdicts on the same day!
October 2015 - Nine ARFD partners selected to NY-Metro Super Lawyers!
Congratulations to the following ARFD partners for being named as 2015 NY-Metro Super Lawyers:
- Mark J. Aaronson
- Robert S Deutsch
- Peter J. Fazio
- Craig P. Fenno
- Nicholas J. Marotta
- Nancy L. Pennie
- Jay A. Rappaport
- Lawrence W. Rosenblatt
- Carol E. Russell
October 2015 - 9 ARFD defense verdicts over last ten months
Between December 2014 and October 2015 ARFD's trial attorneys garnered 9 more defense verdicts for its clients. Congratulations to the following trial attorneys and their litigation teams:
- Larry D. Bloomstein (Westchester County, September 2015)
- Lawrence W. Rosenblatt (Kings County, July 2015)
- Jay A. Rappaport (New York County, June 2015)
- Robert J. Cecala (New York County, June 2015)
- Carol E. Russell (Suffolk County, May 2015)
- Robert S. Melnick (New York County, April 2015)
- J. David Canton (Kings County, April 2015)
- Barry M. Schreiber (Queens County, March 2015)
- Andrew I. Kaplan (New York County, December 2014)
April 2015 – Post-verdict defense judgment in asbestos Lltigation
Congratulations to trial counsel, Robert S. Deutsch and Nancy L. Pennie, and post-trial motion authors, Nancy L. Pennie, Elliott J. Zucker and Oded Burger, on a post-verdict dismissal of all personal injury claims against their client. The defense successfully established that plaintiffs' experts impermissibly based their causation opinions on invalid assumptions and therefore lacked proper foundation. As a result, the trial judge struck plaintiffs' experts’ unsupported causation opinions and rendered a defense judgment vacating an $11 Million verdict. A copy of the decision and order is available on the court’s website.
March 2015 - Summary judgment in Bronx County
Lawrence W. Rosenblatt and Rupa Banik were sucessful in obtaining summary judgment in a dental malpractice case in the Bronx, arguing that plaintiff's expert affidavit was conclusory on its face and did not adequately refute the opinions offered by the defendant's expert.
December 2014 - New ARFD partners!
ARFD is very pleased to announce that Phillip W. HoSang, Jr. and David N. Saffra have been elected as Partners at Aaronson Rappaport Feinstein & Deutsch, LLP.
December 2014 - ARFD named a 'Best Law Firm' by US News and World reports for 2015
ARFD is pleased to announce its inclusion in U. S. News and World Report's 2015 edition of 'Best Last Firms'. ARFD has again been recognized as a Tier 1 law firm in medical malpractice, product liability and personal injury defense.
December 2014 - A defense verdict for Robert Melnick
Congratulations to Robert Melnick on another ARFD defense verdict. In this New York County trial the plaintiff alleged that the defendant failed to diagnose an acoustic neuroma in the then 31 year old plaintiff, resulting in hearing loss and facial paralysis. The primary allegation is that the defendant did not perform an MRI, which is 95% effective in identifying such tumors. The defense established at trial that the plaintiff’s presenting complaints and other diagnostic testing pointing away from such diagnosis, placed acoustic neuroma very low on the differential diagnosis. The defense further argued that under these circumstances, the ordering of an MRI was not the standard of care. After summations, the jury, in twenty minutes and without asking for any evidence, unanimously agreed that an MRI should not have been ordered. Mr. Melnick was assisted at trial by Mr. David Saffra.
October 2014 - ARFD opens a Long Island office!
ARFD is proud to announce the opening of its Long Island office in Garden City! Our new office will be located at:
200 Garden City Plaza (Ring Road)
Suite 402 (Suite 402A for delivery purposes only)
Garden City, N.Y 11530
July 2014 - Directed verdict for Larry Bloomstein
Larry Bloomstein obtained a directed verdict in July in Supreme Court, Suffolk County in a case involving allegations of orthopedic malpractice. Plaintiff claimed that ARFD’s orthopedic surgery client mistakenly diagnosed her as having arthritis of the knee and unnecessarily performed an arthroscopy, leading to significant knee deformity and the need for a total knee replacement. At trial, the plaintiff called two orthopedic surgery experts, including a subsequent treating surgeon who served as the Director of the knee service at a foremost orthopedic hospital in Manhattan. Through cross-examination, Mr. Bloomstein was able to neutralize these allegations, which led the court to dismiss the action at the close of the plaintiff’s case.
June 2014 - Another DV for Neil F Brenes!
Congratulations to Neil and his litigation team for another defense verdict in New York County.
March 2014 - More courtroom success for ARFD!
ARFD's courtroom success over the last six months:
- ARFD obtained five more defense verdicts for its clients between August of 2013 and March of 2014. Congratulations to Jay Rappaport and Nick Marotta (each taking two defense verdicts), as well as Craig Fenno. Jay's verdicts were in the Bronx and New York Counties, Nick's in New York and Suffolk Counties and Craig's in the Bronx. This makes 13 defense verdicts for ARFD over the last 12 months. Craig's trial in the Bronx lasted four weeks and involved claims of pediatric brain damage caused by an alleged failure to properly diagnose and treat severe dehydration in a one month old infant. Plaintiff's counsel claimed reduced IQ, ADHD and behavioral problems as a result, reducing the infant's future educational and employment opportunities. The settlement demand was three million dollars and plaintiff's counsel asked for five million dollars during summations.
In addition to these courtroom success stories:
- Andrew Kaplan achieved a directed verdict in New York County.
- Lawrence W. Rosenblatt took a verdict in a wrongful death matter in Kings County involving the death of a 57 year-old male during an elective colonoscopy, resulting in a mistrial. Plaintiff had requested four million dollars in damages during summation.
- During this same time period ARFD achieved several dismissals on summary judgment motions, including one involving a neurologically impaired child.
March 2014 - ARFD sponsors 26th Health Care Risk Management Conference
ARFD is proud to sponsor on March 5, 2014 the 26th Health Care Risk Management Conference presented by FOJP and HIC.
February 2014 - Plaintiff rejects 3.3 million dollar settlement offer, then has case dismissed on basis of Frye motion.
Following a Frye hearing, handled by Jay Rappaport, the plaintiff was offered 3.3 million dollars to settle. Plaintiff rejected the offer on the record. Later the same day, the court rendered a decision dismissing plaintiff's case, finding that plaintiff's proximate cause theory was flawed under a Frye analysis (pending appeal).
September 2013 - ARFD to co-sponsor ACI's National Asbestos Conference. Nancy Pennie will be a speaker
ARFD will be a co-sponsor of the American Conference Institute's 15th National Advanced Forum on Asbestos Claims & Litigation, to be held in New York City on 10/7 and 10/8 of 2013. Nancy Pennie will be a speaker on the issue of the impact and evolution of asbestos medicine and how the changes affect emerging causation law.
August 2013 - 3 more medical malpractice defense verdicts for ARFD in June and July 2013
Congratulations to Daniel Nessim, Andrew Kaplan and Nicholas Marotta for obtaining defense verdicts for their clients between June and July of 2013. The verdicts, all in medical malpractice matters, were achieved in Kings, Suffolk and New York Counties respectively.
May 2013 - 5 defense verdicts/dismissals at trial between March and May 2013
Congratulations to Phil Lerner, Robert Melnick, Larry Bloomstein and Mark Aaronson for obtaining defense verdicts for their clients between March and May of 2013. In addition, Jay Rappaport was successful in compelling plaintiff's counsel to drop his case against Jay's client mid-trial.
April 2013 - Lawrence W. Rosenblatt named Chair of CLM Med Mal Sub-Committee
Lawrence W. Rosenblatt was nominated and named National Chair of the Medical Malpractice Sub-Committee for the Council for Litigation Management ("CLM") at its national conference in San Antonio in April.
December 2012 - Ford Motor Company selects ARFD as a 'Go-To' law firm for torts litigation
In attaining this honor, ARFD has been recognized as part of an elite group of law firms that provides exceptional work for the in-house legal departments of Fortune 500 companies.
December 2012 - Defense verdict in Bronx after plaintiff rejects 1.5 million dollars
This matter was tried by Barry Schreiber. The plaintiff claimed to have suffered a perforated sigmoid colon during oophorectomy performed by the defendant Ob/Gyn. It was the plaintiff's contention that the defendant should appreciated and repaired the perforation during the procedure, which would have obviated the need for a colostomy (with subsequent reversal) and 2 lengthy hospital admissions with multiple complications. As a result, the plaintiff claimed various permanent injuries, rendering her unable to work. Barry Schreiber compellingly argued that the perforation was an unfortunate but known complication of the procedure, that the alleged one-day 'delay' in recognizing and repairing it did not impact the plaintiff's course and that she would have required the same type of repair, same hospitalizations, same complications and same reversal of the colostomy. After a trial on all issues, and Barry's forceful summation, the Bronx jury rendered a verdict on behalf of the defendant.
November 2012 - ARFD recognized nationally and locally as a 'Best Law Firm' in Product Liability Litigation and Medical Malpractice
ARFD has been recognized by U.S. News and World Report as a national Tier 1 law firm in the areas of Product Liability Litigation and Medical Malpractice, and as a NYC Tier 1 law firm in Product Liability Litigation, Medical Malpractice and Personal Injury Litigation
November 2012 - Lawrence W. Rosenblatt to be roundtable panelist at CLM's 2013 annual conference in Texas
Lawrence W. Rosenblatt will be a roundtable panelist on strategies for defending high exposure medical malpractice claims at the Claims & Litigation Management Alliance's 2013 annual conference in San Antonio, Texas.
September 2012 - Jay A. Rappaport Best Lawyer's Product Liability "Lawyer of the Year"
Congratulations to Jay A. Rappaport for being named the Best Lawyers’ 2013 New York City Product Liability Litigation - Defendants "Lawyer of the Year."
August 2012 - Nine ARFD partners named to 2013 edition of The Best Lawyers in America
ARFD is proud to announce the inclusion of nine of its partners in the 2013 edition of The Best Lawyers in America in the areas of Medical Malpractice Defense; Personal Injury Defense; Product Liability Defense; and, Health Care Law.
Mark J. Aaronson (Medical Malpractice and Personal Injury Defense)
Jay A. Rappaport (Medical Malpractice, Personal Injury and Product Liability Defense)
Robert S. Deutsch (Medical Malpractice, Personal Injury and Product Liability Defense)
Robert S. Melnick (Medical Malpractice and Personal Injury Defense)
Nicholas J. Marotta (Medical Malpractice and Personal Injury Defense)
Richard V. Caplan (Medical Malpractice and Personal Injury Defense)
Nancy L. Pennie (Personal Injury Defense)
Barbara A. Ryan (Health Care Law)
Robert J. Cecala (Personal Injury Defense)
August 2012 - ARFD to co-sponsor CLM's annual Women's Leadership Forum
ARFD will be a national co-sponsor for the Claims & Litigation Management Alliance's ("CLM") annual Women's Leadership Forum, to be held in New York City on October 4, 2012.
July 2012 - ARFD's fifth defense verdict since June 1st
Plaintiff claimed that our client, an orthopedist represented by Craig Fenno, improperly treated a lateral tibial plateau fracture in a 52 year old man resulting in in post-traumatic arthritis and a limp. As a result, plaintiff received 20-30 injections of Lidocaine into the knee and claimed he would need a total knee replacement in the near future with at least one revision during his lifetime. The defense used a surveillance video of plaintiff taking public transportation to work that cast doubt on the extent of plaintiff’s alleged damages. The case was tried in Kings County for three weeks. Plaintiff’s counsel asked for 3 million dollars during his summation. The jury returned a unanimous verdict in favor of the defense in 30 minutes.
June 2012 - Defense Verdict in Queens County (failure to diagnose breast cancer recurrence)
This trial involved allegations that following a lumpectomy performed by the codefendant surgeon in June of 2006 at defendant hospital, the defendant oncologist was not aggressive enough in her chemotherapy regimen and further failed to appreciate plaintiff’s complaints of a hardness under her arm, contributing to defendants’ collective failure to diagnose the plaintiff’s recurrence of breast cancer; plaintiff’s recurrence diagnosed in September 2007. Phil Lerner represented the defendant hospital and oncologist. After a several week trial in Supreme Court, Queens County, and in less than one hour after beginning deliberations, the jury returned a verdict in favor of all defendants. Phil's verdict was the 4th defense verdict for ARFD in June 2012.
JUNE 2012 - Defense Verdict in Bronx County (failure to diagnose gastric adenocarcinoma)
Dan Nessim was successful in obtaining a defense verdict in Bronx County in a lawsuit alleging wrongful death as a result of an alleged failure to diagnose gastric adenocarcinoma. Mr. Nessim represented the radiologist who interpreted an upper GI series as being consistent with a duodenal ulcer, duodenitis and calcification in the abdomen, which was reported to the internist; the referring internist was represented by separate counsel. After a several week trial, a defense verdict was rendered as to all defendants.
June 2012 - Defense Verdict in NY County in 30 Minutes (failure to diagnose nerve transection/entrapment)
The plaintiff claimed that the defendant physician failed to diagnose and timely treat plaintiff’s peroneal nerve transection/entrapment after he suffered a serious knee injury in June 2003. Plaintiff alleged that the defendant physician should have performed a peroneal nerve exploration at the same time that a non-party orthopedic surgeon performed a knee reconstruction surgery on August 26, 2003; the peroneal nerve exploration and decompression not occurring until January 12, 2004. Plaintiff claimed that this 'delay' caused the plaintiff permanent injuries, including permanent right foot drop, difficulty walking and inability to continue working as an iron worker. After a six-day trial it only took 30 minutes for a NY jury to render a finding of no liability for the defendant physician represented by Mr. Deutsch.
June 2012 - Defense Verdict in Kings County (ER care)
Barry Schreiber achieved a defense verdict in a wrongful death matter venued in Kings County. This case involved a 22 year old who took over-the-counter stimulants in order to study for a college exam and was found non-responsive the next morning, at which time she was taken to co-defendant hospital. Mr. Schreiber represented the ER attending, who it was alleged improperly medicated the decedent with excessive sedatives causing her to go into respiratory depression, causing hypoxia, cerebral swelling and herniation resulting in death a few days later. The defense was that the medication and dosages administered were proper, the patient was stable at time of admission and her death was due to acute myocardial infarction due to the stimulants she took, which caused pulmonary edema, hypoxia and brain death. The ER attending, and the co-defendants, all received a defense verdict.
June 2012 - International Association of Defense Counsel
Peter Fazio has been accepted into the International Association of Defense Counsel. The IADC is an invitation only, peer reviewed organization, with less than 2,500 members worldwide. It is comprised of senior/general counsel to Fortune 500 corporations, corporate and insurance executives, and corporate and litigation defense attorneys from a select group of firms. Members represent some of the largest corporations around the world, including the majority of companies listed in the FORTUNE 500.
May 2012 - CLM's Professional Liability Committee
Lawrence W. Rosenblatt is an invited member of the prestigious Claims & Litigation Management Alliance (CLM) and was recently seated on its Professional Liability Committee.