Thought Leadership

Gary Samms (King of Prussia) and Shane Haselbarth (Philadelphia) succeeded in partially dismantling a complex claim against a major health care client. The family of a former in-patient resident who died as a result of complications from the Covid-19 virus filed suit, raising claims that the patient was sexually assaulted while in the care of the hospital and a subsidiary ambulance company. Asked to join the defense team shortly before trial, Gary effectively discredited the plaintiff’s witnesses throughout the plaintiff’s case-in-chief. Then at the nonsuit stage, Gary wholly extricated his client—sealing off any exposure to liability for the large, corporate parent company. Following the jury’s $3.5 million verdict against the remaining defendants, Shane was engaged as appellate counsel and succeeded in further winnowing the liability exposure. He convinced the trial judge to: (1) deny the plaintiff’s request to reinstate the punitive damages claim based on the trial record; (2) grant a partial judgment notwithstanding the verdict on one claim, lopping a full $700,000 off the jury’s verdict; and (3) outright deny the plaintiff’s motion for delay damages, which had sought to add $742,000 to the jury’s verdict. All in all, a terrific result from a hard-fought trial.

Robert Aldrich (Scranton) obtained a defense verdict in binding arbitration on behalf of a nursing home. The plaintiff alleged that the nursing staff provided inadequate pressure reducing devices and negligently cared for his lower extremity, resulting in a below-the-knee amputation and permanent and total disability. Rob defended the case by establishing not only that the nursing staff treated the resident in accordance with the standard of care, but also that the resident’s below-the-knee amputation was caused by vascular conditions and comorbidities, not by any alleged actions and/or inactions of the nursing home staff. After a lengthy arbitration, the arbitrator ultimately found in favor of the defense.

Leslie Jenny (Cleveland) successfully won enforcement of an arbitration agreement on behalf of a nursing home. In this case, the 63-year-old plaintiff fell at home and sustained a spinal fracture, after which he was admitted to a nursing home for rehabilitation. The plaintiff underwent a series of three epidural injections. He subsequently developed multiple pressure injuries that became infected with MRSA, as well as paralysis. The plaintiff was transferred to the hospital and diagnosed with an epidural abscess and later died. This case went up and down twice to the Court of Appeals and was accepted by the Ohio Supreme Court, where Leslie argued and won enforcement of the arbitration agreement.

Matthew Butler (Scranton) succeeded in having a default judgment opened in Lackawanna County on behalf of a long-term care client. Default had been entered and a hearing on damages was scheduled before the insurance carrier was on notice of the case. In having the default judgment opened, the court adopted Matt’s arguments that the petition to open was filed timely, that the judgment was entered in error, and there was a viable meritorious defense to the claim. In this case, the defense had to overcome both the default judgment and the damages hearing in order to achieve a successful outcome. 

_{The Quarterly Dose – August 2025, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved.}