Jessica D. Dale Wachstein

Practice Details

• Firm Information
  Position

  Shareholder

  Firm Name

  Marshall Dennehey
• Representative Cases & Transactions
  Cases

  Significant Representative Matters: Successfully defended a claim for failure to diagnose infectious endocarditis after a periodontal procedure. It was asserted at trial that our client, the periodontist who performed the surgery,
  the co-defendant dentist failed to recognize signs
  symptoms of potential infectious endocarditis in post-op interactions with the plaintiff. The claim also alleged that had the plaintiff been diagnosed sooner, he would not have required open heart surgery
  could have successfully been treated with antibiotics only. We argued that the appropriate st
  ard of care was followed
  that the plaintiff's damages were unrelated to the care
  treatment provided by their client.
  Successfully defended a chiropractor with a directed verdict on informed consent
  a no cause, 7-0, on st
  ard of care. Plaintiff claimed the defendant was negligent in failing to obtain a MRI before adjusting the lumbar spine with a differential diagnosis which included a herniated or bulging disc. Plaintiff claimed increased risk of harm for foot drop, surgery, pain
  suffering
  alteration in work
  life enjoyment.
  Obtained a defense verdict following a 10-day jury trial on behalf of a national home improvement company
  garden center, where the plaintiff's dem
  was over seven figures. The plaintiff, a 79-year-old female, was using a rollator (walker) to assist her walking when she fell at a garden center. Plaintiff claimed that the front wheel of her rollator struck
  got caught on the raised baseplate bolts of a column, causing her to fall. The plaintiff was taken out on a stretcher with a fractured leg that required ORIF surgery
  a recommendation for future hip replacement. The defense established via an in-store surveillance video, forensic engineering expert
  cross-examination, that it was very unlikely that the plaintiff's rollator ever came into contact with the baseplate. Furthermore, even if the plaintiff did contact the baseplate, it was due to her being inattentive
  not as a result of any alleged negligence by the garden center. The jury returned a defense verdict after only 35 minutes of deliberation.
  Obtained a defense verdict in Monmouth County in a underinsured motorist claim. The jury returned a verdict that plaintiff did not meet the verbal threshold required to sustain a cause of action.
  Published Works: ' Are PIP Benefits Truly No-Fault Now?,' Defense Digest, Vol. 23, No. 4, December 2017
  'Sidewalk Liability- What You
  Your Condo Association Have in Common,' Defense Digest, Vol. 18 No. 4, December 2012