.

Defense Digest

On the Pulse…Other Notable Achievements

Defense Digest, Vol. 27, No. 5, December 2021

December 1, 2021

New Shareholders

We are pleased to announce that 13 associates and five special counsel have been elevated to shareholder, effective January 1, 2022. 

  • Elizabeth A. Dietz, an Associate in our Workers’ Compensation Department in Roseland; 
  • Ashley S. Eldridge, an Associate in our Workers’ Compensation Department in Philadelphia;
  • Dana A. Gittleman, an Associate in our Professional Liability Department in Philadelphia;
  • Lisa M. Grubb, an Associate in our Casualty Department in Wilmington;
  • Andrew H. Isakoff, a Special Counsel in the Casualty Department in Cleveland;
  • Ryan M. Krescanko, an Associate in the Casualty Department in Pittsburgh;
  • Todd J. Leon, a Special Counsel in the Professional Liability Department in Philadelphia.
  • Adam E. Levy, a Special Counsel in the Professional Liability Department in Mt. Laurel.
  • Debra M. Marcus, a Special Counsel in the Healthcare Department in Roseland.
  • Erin N. Margolin, an Associate in the Casualty Department in Pittsburgh.
  • Jennifer M. Meyers, an Associate in the Casualty Department in Westchester.
  • Missy Minehan, a Special Counsel in the Healthcare Department in Harrisburg.
  • Darren M. Newberry, an Associate in the Casualty Department in Pittsburgh.
  • Jennifer M. Roberts, an Associate in the Casualty Department in Melville.
  • Sam V. Ruggeri, an Associate in the Casualty Department in Melville.
  • Steven B. Saal, an Associate in the Casualty Department in Westchester. 
  • Corey K. Setterlund, an Associate in the Professional Liability Department in Jacksonville.
  • Alesia S. Sulock, an Associate in the Professional Liability Department in Philadelphia.

Recognition

Buck Buchanan (Philadelphia, PA) received the 2021 Renaissance Man Award From the Philadelphia Chapter of the National Bar Association Women Lawyers Division. Buck was recognized during the organization’s virtual “Jazz in June” awards ceremony and cocktail reception. The annual award recognizes an African American man who has demonstrated commitment to the empowerment, advancement and full participation of women of color in the legal profession. It additionally honors a legacy of professional excellence and commitment to the African American legal community, including support of the NBA/WLD.
 

Published Articles

Kimberly Berman (Fort Lauderdale, FL) authored the article “Decision Creates Potential for Legal Malpractice Actions Against Retained Defense Attorneys,” in the Daily Business Review. You can read the article here: https://www.law.com/dailybusinessreview/2021/07/30/decision-creates-potential-for-legal-malpractice-actions-against-retained-defense-attorneys/. 

Josh Byrne (Philadelphia, PA) recently authored an article entitled “Preparing for the Worst: Considerations in Purchasing Legal Malpractice Insurance—Part I,” for The Legal Intelligencer. You can read this article here: https://marshalldennehey.com/articles/preparing-worst-considerations-purchasing-legal-malpractice-insurance%E2%80%94part-i. 

Karen Grethlein and David Shannon (Philadelphia, PA) co-authored the article “Cyber Threats: Why the Construction Industry Could be the Next Big Target,” which was published in The Legal Intelligencer, Construction Law Supplement on August 12, 2021. The article can be read here: https://marshalldennehey.com/articles/cyber-threats-why-construction-industry-could-be-next-big-target. 
    
Kiara Hartwell (Mount Laurel, NJ) answers the question “What does the future hold for current COVID-19 workers’ compensation claims?” in an article from the June 2021 issue of CLM Magazine. You can read “Consulting the Comp Crystal Ball” here: https://bit.ly/3qAwhQ5. 

Megan Nelson (Orlando, FL) authored the article, “Am I Getting Fired? How to Handle Meetings With Your Facility’s Attorney,” which was published in the September 2021 issue of Orlando Medical News. You may read the article here: https://www.orlandomedicalnews.com/article/5034/am-i-getting-fired-how-to-handle-meetings-with-your-facilitys-attorney

Tony Natale (Philadelphia, PA) authored the article, “The State of Pay for Play – College Athletes as Employees and the Implications for Workers’ Compensation,” appearing in the September 2021 issue of CLM Magazine. The article discusses how college athletes are inching closer to being recognized as “employees” of their schools, and what the implications are for workers compensation. Click to read the article: https://736506f6.flowpaper.com/CLMSeptember2021/#page=30 

David Shannon (Philadelphia, PA) recently authored the article, “Kaseya Data Breach Is Another Signal to Cyber Underwriters About the Dangers of Ransomware Attacks,” for PLUS Blog. You can read this article here: https://plusblog.org/2021/07/19/kaseya-data-breach-is-another-signal-to-cyber-underwriters-about-the-dangers-of-ransomware-attacks/. 

Frank Wickersham (King of Prussia, PA) authored the article “Blurred Lines: A Breakdown of Conventional Workplace Boundaries During the Pandemic,” published in Pennsylvania Law Weekly. You can read the article here: https://marshalldennehey.com/articles/blurred-lines-breakdown-conventional-workplace-boundaries-during-pandemic. 
 

Speaking Engagements

Robert Aldrich (Scranton, PA), Patrick Reilly (Pittsburgh, PA) and Charlene Seibert (Pittsburgh, PA) presented at the Pennsylvania Defense Institute 2021 Annual Conference. Pat was a panelist presenting on the topic “The New Marketing Tool—Creating a Podcast that People Want to Hear.” Robert was a moderator for the topic “Legal Marketing on LinkedIn—Learn How Law Firms are Leveraging LinkedIn’s Unique Data and Environment to Engage Clients and Prospects to Grow Their Business.” Charlene was a panel member discussing “Legal Malpractice Concerns in the New Remote World—Ethics Complaints, Legal Malpractice Actions, and Protecting Your Practice in the Post-COVID-19 –World.”

Mohamed Bakry (Philadelphia, PA) moderated a panel at the Defense Research Institute’s Diversity for Success seminar. In their session, “A Conversation About Racial Justice in America,” Mohamed and panelists explored the inequities related to racial justice and addressed ways to move the dialogue into action so that the cycle of injustice can be broken.

Buck Buchanan (Philadelphia, PA) was among a panel of leaders for the Philadelphia Bar Association Virtual Spring Quarterly. Featuring Peter Cappelli, from The Wharton School, the panel discussed “Workplace Culture, Equity and Safety as Our Community Emerges From a Global Pandemic.”

Josh Byrne and Alesia Sulock (Philadelphia, PA) presented “Legal Malpractice Avoidance” to a number of local bar associations. They made this presentation to the Philadelphia Bar Association, the Monroe County Bar Association and the Chester County Bar Association. 

Peggy Smith Bush (Orlando, FL), Leonard Leicht (Roseland, NJ) and Harold Moroknek (Westchester, NY) presented “Rules of the Trucking Industry: Staying on Track!” at the virtual Transportation Lawyers Association Annual Conference. The panel discussed the new FMCSA regulations and the impact of the New Drug and Clearing House Rules. They also discussed updates in the Hours of Service Rules, the effect of national declarations entered during the COVID-19 pandemic, new requirements for CDL driving academies, and legal and practical issues in setting up a truck driving training school.

Several of our attorneys returned as faculty this September for the 2021 CLM Claims College. Christopher Block (Roseland, NJ) served as faculty with the School of Casualty, and Michael Packer (Fort Lauderdale, FL) and James Cole (Philadelphia, PA) were both instructors for the School of Property Claims. The Claims College is an educational experience designed to help educate and grow industry claims professionals and the industry. Each school within the college is comprised of three levels and participants who successfully complete all levels in a particular school receive a CLM designation reflecting their education and commitment to the profession.

Alicia Caridi (Tampa, FL) co-presented to the Roller Skating Association’s 2021 Sk8Expo in Clearwater Beach, Florida. Alicia and Jerry Landers, the president of IALDA, presented live and via Zoom on the topic of “Surveillance as Pertains to the Industry.”

Samuel Cohen, Gerry Kowalski, and Ryan Friel (Philadelphia, PA) presented “Claims Involving Life Insurance Impacting Life Agents and Broker Dealers” at the Independent Broker Dealer Consortium. Held in Bluffton, South Carolina, this annual conference is primarily attended by broker dealers, insurance brokers and E&O carriers. 

Jim Cole (Philadelphia, PA) co-presented “US/Canadian Litigation in a Post-COVID-19 World” at the Insurance Law Global and Lloyd’s Market Association Young Professionals Virtual Boot Camp webinar series. This free webinar explored how the pandemic has impacted insurance litigation across the U.S. and Canada. 

Joan Ford (King of Prussia, PA) was a panelist at The American Board of Trial Advocates program and CLE, “How to Succeed: Career Lessons from Veteran Female Trial Lawyers as We Face the Consequences of the COVID-19 Pandemic.” Attendees learned from veteran female trial lawyers as they shared the insights and experiences that led to their success and discussed best practices for career development as we face the consequences of the COVID-19 pandemic.

Janice Merrill, Chanel Mosley and Megan Nelson (Orlando, FL) presented at the Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference. In “Adversity in the World of Adverse Incident Reporting: A Panel Discussion on Reporting Requirements and Addressing Related Discovery,” they discussed Amendment 7 and the requirements for reporting and investigating potential adverse events, including the impact of adverse events related to COVID-19. The program also highlighted best practices for complying with the reporting requirements while preserving the attorney-client communication, work product and peer review privileges.

Robin Romano (Philadelphia, PA) participated in a panel discussion, “Emotional Intelligence: The Art of Friendly Persuasion,” held by the Philadelphia Bar Association.

Anthony Williott (Pittsburgh, PA) was a panelist for a webinar, “Pain and Suffering in Personal Injury: Doctor, Plaintiff, and Defense Perspectives.” The program included doctor and attorney insights to provide the audience with concrete instruction for handling non-economic damages. Topics included how doctors assess the severity and cause of pain, understanding how an adjuster will value a claim, presentation strategies that will help deliver maximum offers and jury verdicts and defense tactics for managing excess exposure and avoiding runaway verdicts.

 

Defense Digest, Vol. 27, No. 5, December 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin 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. © 2021 Marshall Dennehey Warner Coleman & Goggin. 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

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

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.

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

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Thought Leadership

Best Lawyers in America Recognition

We are proud of the firm’s 16 medical malpractice 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. Special congratulations to Justin F. Johnson who was recognized as 2027 “Lawyer of the Year” in his jurisdiction for Medical Malpractice Law – Defendants. Best Lawyers: Ones to Watch • Holli K. Archer Best Lawyers in America: • Robert T. Evers • Jason P. Ferrante • Maria R. Granaudo • Joseph L. Hoynoski III • Leslie M. Jenny • Matthew P. Keris • Julia A. Klubenspies • Lynne N. Nahmani • John R. Ninosky • Gary M. Samms • Victoria Crawshaw Scanlon • Brett C. Shear • Joel M. Snavely • Robin B. Snyder

Congratulations To Our 2026 Ohio Super Lawyers & Rising Stars! Super Lawyers: Thomas F. Glassman Personal Injury, General Defense. Rising Stars: Micheal A. Roberts Personal Injury, Medical Malpractice Defense, Gabriella M. Wittbrod Personal Injury, Medical Malpractice Defense

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

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

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.