.

The Quarterly Dose

ALL RISE: Recent Victories and Success Stories

The Quarterly Dose – June 2026

June 11, 2026

Justin Johnson, Ryan Gannon, and Heather LaBombardi (all Roseland) 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. The trial team was assisted by paralegal Elina Sheldon.

Kimberly House (Philadelphia) achieved a significant appellate victory in the Pennsylvania Superior Court that reversed the trial court’s decision and remanded the case for reinstatement of the jury verdict, which was originally won by Gary Samms (King of Prussia/Philadelphia). At trial, the jury returned a defense verdict finding that the defendant’s negligence was not a cause of the plaintiff’s injuries. The trial judge granted the plaintiff’s post-trial motions and ordered a new trial solely on the issue of damages. The Superior Court found that the trial court abused its discretion in finding that causation was disputed and that the jury’s finding of no causation was against the weight of the evidence. Kim authored the appellate brief and delivered the oral argument that secured the reversal. The underlying medical malpractice case involved claims seeking more than $5 million in damages, where Gary successfully demonstrated that the plaintiff’s alleged serious eye injuries—including a detached retina and macular hole—were unrelated to the care provided by an orthopedic and physical therapy practice, exposing critical flaws in the plaintiff’s case.

Lynne Nahmani (Mount Laurel) and Justin Johnson (Roseland) successfully had a directed verdict affirmed in Gloucester County Superior Court. The decedent, a 72 year-old man, was a resident at a rehabilitation center where he received treatment for encephalopathy, obesity, DM, HTN, UTI, respiratory failure, dysphagia, and needing assistance with activities of daily life, including eating. The plaintiffs alleged that the decedent’s care plan was not met when he was eating alone in his room and choked, requiring emergency efforts. The patient never regained consciousness and passed away two days later in the hospital. A directed verdict for our client was entered on October 12, 2023. The plaintiff appealed and the appellate court affirmed the decision, opining on the requisite causation required under both negligence and the Resident Rights Act Statute in New Jersey. The trial team was assisted by Walt Kawalec on appeal and paralegal Dana Fiorelli.

Gary Samms (King of Prussia/Philadelphia) successfully defended an anesthesiologist and pain management physician in a complex medical malpractice matter involving extra-articular facet joint injections which allegedly led to cauda equina syndrome, urinary and fecal incontinence, ED and other serious complications.  After six days, a Delaware County jury found on behalf of the physicians.  Experts in the case included anesthesiology, pain management, neurosurgery, neurology, neuroradiology, and urology experts.  The defense verdict was dependent on successfully relaying the subtle and complex issues in the medical care and the nerves considering the patient’s past medical history, as well as the medications used in the procedure.  Plaintiffs were critical of ten different aspects of the doctor’s procedure, but with expert testimony and cross examination, Gary and his team were able to prevail.  Instrumental to the defense were David McColloch (King of Prussia) and paralegal Nancy Farnen

Gary Samms, Adam Fulginiti (Philadelphia), and Ryan Harvie (Philadelphia) successfully obtained a defense verdict during arbitration in a medical malpractice case. Our client performed major reconstructive surgery for a patient with a highly complex and longstanding history of severe right foot problems. The surgery included bunion repair to straighten the right big toe, along with the fusion of multiple tarsometatarsal joints and resection of bone wedge to re-align the foot. Additionally, the procedure included correction of bone that previously healed incorrectly from a prior fracture, along with the shortening of another bone to reduce pressure. To facilitate healing, the surgery required taking bone from the right heel to support multiple areas of reconstruction, as well as inserting a metal pin in the joint to keep it straight. The plaintiffs alleged that our client failed to properly evaluate the patient and perform the surgery at issue, resulting in the misalignment of the forefoot, altering the patient’s weightbearing forms, causing increased pressure. The plaintiff argued that these complications required three additional surgeries to correct. We emphasized that the plaintiff presented to our client with a long history of severe foot problems that not only hindered his functional capacity, but manifested in other complications, particularly with his knees and back, which required him to undergo multiple surgeries in those areas long before the time at issue. Given the severity of the plaintiff’s presenting foot problems, surgical treatment required a highly complex procedure with significant risks and potential complications. Our client discussed all of these issues with the plaintiff, who understood them and elected to proceed. Thereafter, our client’s operative note, along with the intraoperative fluoroscopy imaging, demonstrated he performed the surgery at issue appropriately and consistent with the standard of care. The plaintiff’s postoperative course, including the clinical manifestations that developed and the subsequent surgeries he received, constituted a series of known complications/outcomes regarding the complex surgery he underwent. An arbitration verdict was made in favor of our client. The trial team was assisted by paralegal Nancy Farnen.

Jessica Wachstein and Dylan Trochtenberg (both of Mount Laurel) successfully obtained a motion to dismiss for failure to serve an appropriate affidavit of merit in a medical malpractice case. The plaintiff’s decedent was a resident of our client, a nursing home, from May 19, 2023, through May 28, 2023. The plaintiff alleged that, as a result of the negligent care provided by our client and the co-defendant, the decedent developed wounds and ultimately passed away on September 13, 2023. The plaintiff made claims of medical malpractice and wrongful death against all defendants. We had previously filed a motion to dismiss the malpractice claims due to failing to file within the statute of limitations, which was granted on January 16, 2026. At that time, only the wrongful death claim persisted. The plaintiff provided only an affidavit of merit from a geriatric physician and failed to serve any AOMs from experts in the field of nursing standard of care or nursing home administration, even after the Ferreira Conference. We moved to dismiss due to failure to serve the appropriate or required AOMs, which was ultimately granted on April 10, 2026.

Jessica and Dylan also had a Motion for Summary Judgment granted in a personal injury and negligence matter. The plaintiff nurse filed suit after suffering a fall while transferring a resident at our client’s facility. He alleged injuries to his neck and nose, which required a cervical epidural injection and a septoplasty procedure. The plaintiff subsequently filed a worker’s compensation claim and settled same prior to filing suit in this instant action. After taking the deposition of the plaintiff, we filed a Motion for Summary Judgment, stating that his claims should be barred by the Workers’ Compensation Act. After oral argument, our motion was granted and all clients were dismissed, with prejudice.

Suzanne Utke, with the assistance of Tyler Price (both of Philadelphia), received a defense verdict for her client, an addiction medicine psychiatrist, after a 12-day trial in Philadelphia involving the death of a 26-year-old who overdosed on illicit substances. The plaintiffs’ decedent, a 26-year-old man, had a long history of major spinal surgeries and subsequently went to the codefendants’ pain management group for relief, allegedly becoming addicted to Nucynta, an opioid. The plaintiffs’ decedent was then referred to our client for detox and rehabilitation to “get off” Nucynta, but failed to disclose his use of other illegal substances. After a period of a “cold turkey” detox from Nucynta, the client scheduled him to receive Vivitrol, a maintenance medication meant to facilitate long-term rehabilitation. A few days before he was to receive the Vivitrol, he was found dead by his father in the bedroom of his apartment with drug paraphernalia present. The medical examiner’s toxicology screen was positive for heroin, morphine, Fentanyl, Tranq, Valium, and Nucynta. The trial was 12 days in the Philadelphia Court of Common Pleas, with the defense verdict requiring two days of deliberation. The client was found not negligent. The co-defendant physician and the plaintiffs’ decedent were both found negligent with causation, but the comparative negligence apportionment of liability was 65% attributable to plaintiffs’ decedent, so no recovery was awarded.

Megan Nelson (Orlando) secured multiple favorable rulings granting Florida Rule 5.900 petitions for expedited judicial intervention concerning medical treatment procedures, enabling hospitals to safely discharge medically cleared patients despite significant resistance from guardians and family decision-makers. Across several matters, Megan successfully addressed situations where guardians, health care surrogates, or family members refused to consent to appropriate discharge plans, declined to provide necessary financial documentation for ICP Medicaid evaluations, or failed to cooperate with case management teams—often causing prolonged, unnecessary hospital stays. Through emergency and evidentiary hearings, courts consistently granted relief, ordering patient transfers to skilled nursing facilities or assisted living facilities, requiring the production of financial records, mandating Medicaid application compliance, and, in one case, appointing an emergency temporary co-guardian to facilitate discharge. As a result of these efforts, patients were promptly and appropriately discharged—sometimes within 24 hours of court orders—demonstrating Megan’s effective advocacy in resolving complex guardianship and discharge disputes to ensure proper patient care and hospital throughput.

*Results do not guarantee a similar result.

Firm Highlights

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

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.

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.

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