ARFD Wins Defense Verdict in New York County Supreme!

On February 8, 2024, Aaronson Rappaport Trial Partner, Andrew Kaplan and his litigation team of Partners, Amelia Choyne and Deirdre Tracey, and Of Counsel, Nanor LT Bahadurian, obtained a defense verdict on behalf of the defendant Colorectal Surgeon at one of NYC’s major metropolitan hospital centers. The trial was held in the Supreme Court of New York before Judge Nicholas Moyne.

Plaintiff alleged that the defendant was negligent in failing to re-operate on the plaintiff-patient in the face of persistent postoperative symptomatology after obtaining a CT scan that plaintiff argued depicted a recurrent colovesicular fistula four months after surgery to address the same condition. Plaintiff claimed that the failure to operate at the time of the CT scan resulted in the worsening of the plaintiff-patient’s inflammation and abscess, requiring the need for a colostomy one month later with colostomy reversal, and resection of the colon one year later, as well as the development of hernias and a weakened abdominal wall.

The defense argued that the defendant’s use of conservative management for the plaintiff-patient’s recurrent symptomatology was the appropriate management for a controlled leak and that surgery was not indicated. The defense also argued that the decision to take the plaintiff-patient to the Operating Room by the subsequent treating surgeon, who was also plaintiff’s expert at trial, was ill advised and the cause of plaintiff’s subsequent issues and injuries.

After a two-week trial, the jury returned a verdict on behalf of the defendant surgeon. Congratulations to all involved on this well-earned win on behalf of another happy ARFD client!