Catalano Gallardo & Petropoulos, LLP

CG&P secured the dismissal of a medical malpractice claim against an ambulatory surgery center. In an action for medical malpractice against an orthopedic surgeon and an ambulatory surgery center, it was alleged that the defendants were negligent in performing a medial patellofemoral ligament (MPFL) reconstruction surgery which resulted in a patella fracture due to improper drilling and screw fixation. CG&P moved for summary judgment on behalf of the ambulatory surgery center for dismissal of direct and vicarious liability claims against it. The Court found that CG&P successfully demonstrated that the ambulatory surgery center provided appropriate medical equipment and support staff to perform the surgery resulting in dismissal of the direct claims of liability. The Court also found that CG&P successfully demonstrated that the ambulatory surgery center did not employ or otherwise direct or control the manner in which the orthopedic surgeon was to perform surgery on private patients resulting in dismissal of vicarious liability claims on both actual agency and ostensible agency. The case was handled by CG&P Partner Michele Levin and CG&P Associate Alex DiGiovanna.??

After nearly 10 years of litigation, CG&P secured another summary judgment victory in a case involving an award-winning Skilled Nursing and Rehabilitation Facility located in Suffolk County, New York. The Court found that CG&P established through its expert Affirmation that the decedent’s pressure injuries were either pre-existing or unavoidable despite reasonable care provided by the staff. The Court also agreed with CG&P that in accordance with the applicable case law, there was no basis for plaintiff’s negligent hiring, retention, training, and supervision claim nor was there a viable claim for vicarious liability for the alleged negligence of decedent’s physicians. This case was handled by CG&P Partner, Christopher Rogers.?

CG&P was successful in having the Appellate Division affirm a summary judgment dismissal in favor of a podiatrist. The plaintiff alleged that the defendant podiatrists improperly performed an ankle surgery on the plaintiff’s osteochondral defect (OCD) and tendon injury which resulted in recurrence of the OCD, the need for subsequent surgeries, and permanent pain and limited motion of the foot and ankle. One major obstacle to establishing non-negligence was the disagreement as to which defendant podiatrist performed the foot surgery on the plaintiff, and neither podiatrist could testify as to the specific surgical techniques engaged. CG&P argued that no matter which podiatrist performed the surgery, it was performed properly as demonstrated by the subsequent medical and diagnostic records. The Supreme Court agreed and dismissed the plaintiff’s Complaint, and the decision was affirmed on appeal by the Appellate Division, First Department. The case was handled by CG&P Partner Michele Levin.??

CG&P is happy to announce that it has successfully obtained Summary Judgment Dismissal in a Dental Malpractice action. The plaintiff, who suffered from a medical condition known as myasthenia gravis and was allergic to the antibiotic Penicillin, claimed that the antibiotic Clindamycin prescribed to him by CG&P’s client as a substitute for Penicillin was contraindicated in patients with myasthenia gravis and exacerbated his condition. Plaintiff commenced an action against CG&P’s client seeking to recover for injuries he allegedly suffered as a result of the exacerbation of his myasthenia gravis. CG&P moved for summary judgment dismissal of the action against its client. The Court agreed with CG&P’s arguments and found that CG&P’s client did not depart from good and accepted dental practice in prescribing Clindamycin to plaintiff and CG&P’s client’s treatment did not exacerbate plaintiff’s myasthenia gravis. The case was handled by CG&P Partner Renton Persaud.

CG&P is pleased to announce that Ralph Catalano, Domingo Gallardo, Gary Petropoulos, Michele Levin, and June Reiter have been named to the 2024 Super Lawyers list for the New York Metropolitan area.

CG&P secured the dismissal of a wrongful death claim against an assisted living facility alleging that a resident of the facility died of complications from COVID-19 contracted during the admission. CG&P partner, Michele Levin, and CG&P associate, Harold Kang, argued that the facility was entitled to immunity under New York’s Emergency Disaster Treatment Protection Act, which was intended to insulate health care facilities from civil or criminal liability for the care rendered at the inception of the pandemic, when little was known about the novel virus and how it should be treated. The Act was initially interpreted to convey broad immunity from legal liability for negligence, but has since been amended to more strictly confine the immunity to the treatment of patients presenting with a diagnosis of COVID-19. CG&P convinced the court that the amendment did not apply retroactively, and that all criteria was met for its application of full immunity in this case.?

CG&P is happy to announce that it has obtained a defense verdict in Queens County on a matter involving a severe injury. Plaintiff alleged that he slipped on water while playing basketball on CG&P’s client’s indoor basketball court. Plaintiff demanded $4 million before trial for a ruptured patella tendon and related DVT injury, both of which required hospitalization. Plaintiff claimed a permanent disability and economic loss in excess of $2 million. The defense maintained that there was no water on the court and that the plaintiff’s injuries were caused by attempting a layup while playing basketball. The matter was hard fought with an appeal to the Appellate Division Second Department on the assumption of risk question. The Appellate Division reasoned that since the plaintiff claimed that he fell because of water on the court and not because he was playing basketball assumption of risk did not apply. CG&P was forced to try to the issue as to whether the plaintiff fell on water or whether the accident was a result of playing basketball. Twelve witnesses were called on liability, including three experts. Domingo Gallardo was lead trial counsel on the matter. He was assisted by partners June Reiter and Michele Levin, associate Harold Kang, and paralegal Alexander Walsh.

Catalano Gallardo & Petropoulos, LLP is pleased to announce that Jenna Fierstein has been named Of Counsel to the Firm. Jenna graduated,?cum laude, from the State University of New York at Binghamton and received a Juris Doctorate Degree from Washington & Lee University School of Law. She was admitted to practice before the Courts of the State of New York in 2016, the United States District Courts for the Eastern and Southern Districts of New York in 2017, and the United States Court of Appeals for the Second Circuit in 2020. Jenna has devoted her practice to the defense of complex litigation matters and professional liability claims including legal and medical malpractice actions. She has successfully defended CG&P’s clients at both the trial and appellate level. Jenna is a member of the Nassau County Bar Association.

Catalano Gallardo & Petropoulos, LLP is pleased to announce that Renton Persaud has become a partner in the Firm. Mr. Persaud was admitted to practice in New York in 2011, and before the United States District Court for the Eastern and Southern Districts of New York. He graduated summa cum laude, from St. John’s University and received a Juris Doctorate Degree from St. John’s University School of Law as a Dean’s List Graduate. Mr. Persaud has devoted his time at CG&P to defending clients in the areas of construction liability, premises liability, labor law, legal malpractice, medical malpractice, nursing home liability, church and charitable institution liability, and insurance coverage and construction law. He is a member of the New York State Bar Association and the Nassau County Bar Association.

CG&P was victorious in obtaining summary judgment dismissal of all claims against its client, a physical therapist who treated plaintiff’s decedent in a rehabilitation facility. It was alleged that the physical therapist was responsible for decedent’s hip fracture which was discovered during his admission at the rehabilitation facility. The Court held that CG&P’s strategy to use its client’s Affidavit in support of the motion was appropriate and established his prima facie entitlement to judgment as a matter of law. The Court agreed with CG&P’s contention that plaintiff’s arguments were speculative, conclusory, and were not supported by the record. The case was handled by CG&P Partner, Christopher Rogers, and CG&P Associate, Alex DiGiovanna.?