Cases
Significant Representative Matters: Obtained a defense verdict in a long-term case that included a unique spoliation issue, allegations of cover-up regarding the cause of death
a 'no show' plaintiff-son. A longtime nursing home resident died after suffering head trauma following a fall. The plaintiff was the resident's son, who was not his mother's guardian
, according to staff, had not visited her in the three years that she was in residence. The cause of death was 'end stage dementia'
upon learning the same, the plaintiff contacted a lawyer who delivered the body across the state to a forensic pathologist for a private autopsy,
the body was subsequently cremated. No notice was provided to the nursing home administration of the impending autopsy. The forensic pathologist alluded that the cause of death was not end stage dementia, but blunt force trauma. The defense did not learn about the private autopsy until years later when the report was provided in discovery. A motion for sanctions for spoliation was filed by the defense which was followed by depositions of the funeral home staff,
a hearing involving the forensic pathologist
the attending physician. The forensic pathologist admitted that autopsy specimens were lost
photos claimed to not exist by plaintiff's counsel, in fact were on her computer. Although the spoliation motion was denied, the court held that at trial, the defense could question the forensic pathologist on the cremation, destroyed specimens
failure to produce the autopsy photographs at trial. On the eve of trial, the judge proctored an agreement between the parties to arbitrate the case 'on expert reports only.' At arbitration, plaintiff's counsel continued to pursue a conspiracy theory about 'the true cause of death' along with st
ard negligence criticisms about fall prevention. The plaintiff was cross-examined on a prior crimen falsi conviction
an Orphans' Court petition initiated by the local Area Agency on Aging where the deceased resident complained that she was afraid of her son which was relevant to his 'loss of society
companionship' claim.
Received a unanimous defense jury verdict within thirty minutes of deliberation in a five-day fire-loss subrogation trial. This case was one of the first Pennsylvania civil jury trials held during the COVID-19 p
emic. Taking into account safety
social distancing protocols, jury selection took place in a local school auditorium, two witnesses presented testimony via Zoom,
everyone present in the courtroom was subject to temperature screenings
required to wear a face covering. Given the current national health situation, this trial could serve as an example of how the court system
counsel can adapt to the changing health
legal l
scape.
Obtained entry of judgment of non pros based on the plaintiff's failure to timely
properly file a Certificate of Merit (COM) in accordance with Pa.R.C.P. 1042.3 on behalf of a nursing home chain
its consulting company. With the Complaint, plaintiff attached an expert report from a nursing expert but did not attach a COM. Defendants filed a Notice of Intent to Enter Judgment of Non Pros,
judgment was subsequently entered. The plaintiff then filed a Petition to Strike/Open the Entry of Judgment of Non Pros, arguing that the expert report attached to the Complaint constituted a COM. The defense successfully fought the plaintiff's attempts to open the judgment. The Court ultimately found that plaintiff's repeated failures to comply with the applicable rules placed their case 'beyond the purview of equitable relief,'
therefore reinstated the entry of judgment
dismissed plaintiff's Complaint with prejudice.
Received a defense verdict in less than one hour in a dental malpractice case involving allegations of the use of excessive force
the failure to obtain the patient's informed consent after a patient's jaw was fractured during a molar extraction. It was admitted that jaw fracture was a known risk of the extraction, but that the dentist did not warn the patient of this risk. It was also conceded that the dentist caused the fracture. Lastly, the patient's damages were not contested, which included the pain
suffering associated with the fracture
permanent numbness to the lower jaw. On cross-examination of the patient's seasoned expert, he was confronted with prior inconsistent testimony regarding his experience in extracting molars
his opinion that all risks of a procedure need to be shared with the patient. Further, the expert agreed with the defense's argument that the risk of jaw fracture of an erupted right lower molar was less than .0009%
the patient had a better chance of dying from complications associated with the extraction than suffering a fracture. The jury was persuaded by the defense's arguments early in the case due to the thorough cross-examination of the patient's expert.
Received defense verdict in a wrongful death
survival medical malpractice arbitration involving a single mother in her twenties from toxic shock syndrome. The plaintiff was admitted to a hospital facility with a provisional diagnosis of anaphylaxis secondary to a medication allergy. The patient deteriorated under the supervision of a nurse practitioner while on a telemetry unit
was eventually transferred to the intensive care unit. The patient succumbed to her condition several days later. There was a substantial future economic damage
pain
suffering component to the case given the plaintiff's young age, rapid decline
extent of necrosis (face, upper
lower extremities).
Obtained a defense verdict in a nursing negligence claim. The plaintiff alleged to have suffered a fall in a hospital bathroom three days post-operatively that re-injured his surgically repaired knees. The nurses denied the patient fell to the ground
testified, consistent with their charting, that the patient lost balance in the bathroom
sat on a commode. There was a significant economic damage claim in that the plaintiff was a young restaurant owner who suffered two distinct orthopedic injuries that required multiple surgeries
additional future care. The jury returned a defense verdict 50 minutes after deliberation began, finding that the nurses were not negligent.
Obtained a defense verdict in a medical malpractice trial involving a middle-aged mother of two who was allegedly left a quadraparetic
wheelchair-bound as a result of a physician's failure to timely diagnose
treat an infectious process of the cranial nerves
cerebellum. The plaintiff argued that as a result of the alleged negligence, she needed home health care for the rest of her life
submitted expert testimony arguing for the recovery of boardable future medical expenses totaling $4 million
past
future pain
suffering. The last settlement dem
was $2 million. No settlement offers were made prior to or during trial.
Successfully argued for the dismissal of punitive damages
Scampone corporate negligence claim against a Pennsylvania nursing home involving a resident who was injured while undergoing physical therapy at the facility. At the conclusion of considerable discovery yielding thous
s of pages of administrative documents
multiple corporate defendant witnesses
former employees of the facility, summary judgment was granted as to plaintiff's claims that neglect, lack of appropriate staffing
the facility owner's general desire to make a profit over patient care caused or contributed to her injuries. In light most favorable to the plaintiff, the court held that the resident did not link the allegations of neglect
understaffing to her injuries which occurred in an acute incident during physical therapy. In addition, the court rejected the possible imposition of punitive damages, citing deposition testimony from the plaintiff about her interactions with the nursing home staff that was inconsistent with conduct warranting the imposition of punitive damages
the opinions of her own experts.
Published Works: ' Say 'Goodbye' to Medical Negligence Cases as We Know Them, ' The Legal Intelligencer, September 5, 2024
' Litigation L
scape: Your GPS for Avoiding Legal Action, ' In Session with Allied World, Winter 2023
'Sanctions Against Health System Demonstrate That It's Time to Get Serious About Audit Trail Discovery,' Journal of Healthcare Risk Management, August 18, 2022
'Evolution of the EMR: The Integration of AI in Medicine,' The Legal Intelligencer, March 28, 2022
' Artificial Intelligence in Medicine Creates Real Risk Management
Litigation Issues, ' Journal of Healthcare Risk Management, September 2020
' A Civil Jury Trial During the P
emic: Observations From Those Who Know, ' The Legal Intelligencer, August 7, 2020
' Report From the Trenches: Defending Patient Falls in Acute Care Settings, ' Becker's Hospital Review, August 28, 2018
'Negligent Advice of a Class III Medical Device Sales Rep,' The Legal Intelligencer, Medical Malpractice Supplement, April 11, 2017
'A P
ora's Box: The EMR's Audit Trail,' Counterpoint, newsletter of the Pennsylvania Defense Institute, February 2017
'It Ain't Over 'Til It's Over: Judge Wettick Affirms Practice of Limiting Deposition Opinions of Defendant Physicians,' Defense Digest, Vol. 22, No. 4, December 2016
'Wake Me Up!! I've Had Enough!! Litigation Nightmares With the Electronic Medical Record,' The Risk Management Quarterly, newsletter of the Association for Healthcare Risk Management of New York, Inc. (AHRMNY)
'EMR's
Litigation: Issues Decided
What's Next?' The Legal Intelligencer, Medical Malpractice Supplement (page 5), April 12, 2016
Electronic Medical Records
Litigation, published by Thomson Reuters Legal, September 2014
'OMG?! The Impact of Social Media on the Tripartite Relationship,' Co-Author, Litigation Management Magazine, Spring 2013
'What's It Worth? Best Practices in Defending Economic Damages in the Catastrophic Accident,' Co-Author, Litigation Management Magazine, Fall 2012
'Reducing Medical Malpractice E-Discovery Issues
Costs,' The Legal Intelligencer, February 14, 2012
'A View From the Trenches: Discovery Issues With Electronic Medical Records,' Risk Rx, Special Edition on the Electronic Health Record, University of Florida, Vol. 8, No. 1 January-March, 2011
Florida Hospital Association's Risk Review, August 23, 2011
