.

Charles T. Gura

Supervising Attorney Health Care Department - New York & Connecticut Offices

Office Managing Attorney

Portrait of Charles T. Gura

Charles has gained experience in a diverse range of practice areas throughout his career, with a specific focus on medical malpractice defense litigation since 2004. He has handled more than 200 hundred medical malpractice cases to date, representing physicians and hospitals through all phases of litigation, including trial. Charles has also represented health care providers in disciplinary hearings.

In addition to representing health care providers, Charles has experience defending commercial property owners in premises liability cases, owners and contractors in construction accident cases under New York Labor Law, a boiler manufacturer in mass-tort asbestos litigation and a major commercial airline in aviation matters. He has also defended dram shop cases.

Charles has obtained defense verdicts and achieved settlement of cases well below the amount demanded during trial and beforehand through motion practice. For instance, in representing obstetricians in birth-related injury cases, Charles successfully petitioned the court to perform genetic testing on the infant-plaintiff, the results of which led to a substantial reduction in the settlement demand.

While attending New York Law School, Charles was employed as a claims examiner for a large insurer of doctors and hospitals in the state of New York. During that time he worked with physicians in all fields of surgery and medicine, oversaw a hospital account, and worked on risk management and regulatory issues. 

Charles began his legal career at Jones Hirsch Connors Miller & Bull P.C. He practices mainly in the New York City metropolitan area, in both State and Federal Courts, as well as the State of Connecticut.

Charles is a member of the New York State Medical Defense Bar Association and the New York State Bar Association. An active member of his community, Charles is a student mentor at New York Law School and has served in various leadership roles at his church.

    • New York Law School (J.D., 1997)
    • State University of New York at Oswego (B.A., 1990)
    • Connecticut, 1997
    • New York, 1997
    • U.S. District Court Eastern District of New York
    • U.S. District Court Southern District of New York
    • Hudson Valley Magazine, Top Lawyer, 2022
    • New York State Medical Defense Bar Association
    • New York State Bar Association
    • Defense verdict for two internists and their practice group in a wrongful death case involving failure to diagnose lung cancer in a 58-year-old patient.
    • Defense verdict in a case involving failure to diagnose an ectopic pregnancy leading to rupture and requiring emergency surgery.
    • Defense verdict in a case involving alleged negligent administration of anesthesia causing sepsis.
    • Directed verdict and dismissal of all claims against three intensivists and a urologist in a  case involving complications in the SICU following cardiothoracic surgery.
    • Bothe v. Vytra Health Plans Long Island, 13 A.D.3d 586 (App.Div.2d Dep’t 2004) summary judgment affirmed dismissing medical malpractice claim against an HMO based on ERISA preemption.
    • Civil Litigation State of Affairs – The Impact of COVID-19 in New York and Connecticut & What’s Next, Marshall Dennehey Client Webinar, May, 2021
    • New York Case Law Update, Health Care Law Seminar, Marshall Dennehey, November 9, 2016
    • Representation of indigent defendants in Fair Debt Collection Practices Act matters.

Thought Leadership

Defense Digest

On the Pulse…Our New Haven, Connecticut, Office

October 1, 2022

In March 2022, Marshall Dennehey opened its newest office in New Haven, Connecticut, to serve the needs of existing and future clients. Located at 700 State Street, our office is a short walk from the state and federal courts in New Haven and provides Marshall Dennehey with a platform centrally located in coastal Connecticut to allow for convenient access to courts in all judicial districts throughout the state. For the past several years, Marshall Dennehey has been handling a substantial Connecticut caseload, primarily out of the firm’s Westchester, New York, office. However, increasing client demand and opportunities led to the opening of the firm’s newest office, which is staffed with four experienced attorneys, a paralegal who is in her final year of law school, and outstanding legal support professionals. I am honored to be the managing attorney of this office. I have watched Marshall Dennehey’s practice in the state of Connecticut grow steadily since I joined the firm in July 2014, along with my fellow shareholder and Connecticut office colleague, Daniel Corde. I came to Marshall Dennehey with two decades of experience devoted almost entirely to the defense of medical malpractice cases. While I attended New York Law School, I worked as a claims examiner for Medical Liability Mutual Insurance Company (MLMIC), one of the largest medical malpractice insurance carriers in the country, which gave me a strong foundation for my legal career. My practice has expanded over the years into other areas of litigation, while continuing to represent health care providers and facilities in both New York and Connecticut. In addition to representing physicians, medical practices and hospitals, our defense of long-term care, rehabilitation and therapy facilities has grown markedly in the past few years. The pandemic had also brought increased demand for psychotherapy and mental health care services, and our defense of professionals and institutions in these fields has expanded as well. Daniel Corde serves multiple jurisdictions, with admissions in both New York and Connecticut, where he has defended matters for well-known clients including IKEA, Hyatt, Raymour & Flanagan, and Dollar General. Dan has 35 years of litigation experience, including trials to verdict, arbitrations and mediations, in a wide range of practice areas such as product liability, premises liability, premises security, transportation product liability, and toxic tort, mold, and asbestos litigation matters. Further, Dan is a FAA-licensed pilot and has spent a considerable number of years managing claims for a major aviation insurer. He has served as monitoring counsel in this type of litigation, working with insurance companies, primary and excess insurers, fixed-based aviation clients and local counsel, to establish, coordinate and manage the defense of cases. He has conducted mediations across the United States. David Lane, a shareholder in the firm’s Professional Liability Department, focuses his practice on privacy and data security, intellectual property and technology litigation. With respect to privacy and data security, David represents clients through all stages of data breach response, including investigations, compliance with data breach notification laws and regulatory investigations. David has been accredited by the International Association of Privacy Professionals (IAPP) as a certified information privacy professional (CIPP/US). In addition, he has significant experience in insurance coverage and bad faith litigation, and consumer financial services litigation, defending clients and claims brought under the Fair Debt Collection Practices Act and Fair Credit Reporting Act. David also has an appellate practice, working on appeals in a variety of matters. He is admitted in New York state and federal courts and Florida state courts. He practiced out of the firm’s Manhattan office for 12 years before joining us in New Haven. Caroline Skelton is an associate in the firm’s Casualty Department. Caroline has considerable civil defense litigation experience in both New York and Connecticut, where she has handled matters involving catastrophic losses. She has handled cases involving premises liability, construction accidents and accidents in the transportation industry. Caroline’s skills in motion practice, her attention to detail and her depth of knowledge have led to many successes in motions for summary judgment. She also litigates complex breach of contract actions in which she has represented high-profile clients such as General Motors. The New Haven office is also fortunate to have a dedicated support staff comprised of Michelle Ernandez, a paralegal now in her final year of law school, two administrative assistants, Amanda Britton and Caitlin Murtha, as well as one scheduling clerk, Mara Bonnell. I look forward to developing the New Haven, Connecticut, office into a site that will extend the firm’s reach throughout the state of Connecticut and beyond. Our office is located at 700 State Street, Suite 303, New Haven, CT 06511. Our main office phone number is 203-714-4560, and our fax number 203.714.4561. My direct line 203-714-4562, and my email is ctgura@mdwcg.com.   Defense Digest, Vol. 28, No. 3, October 2022 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2022 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.