Robert Melnick Achieves a Defense Verdict in New York County

December 2014 –

Mr. Melnick achieved a defense verdict in a New York County trial in which the plaintiff alleged that the defendant failed to diagnose an acoustic neuroma in the then 31-year-old plaintiff, resulting in hearing loss and facial paralysis. The primary allegation was that the defendant did not perform an MRI, which is 95 percent effective in identifying such tumors. The defense established at trial that the plaintiff’s presenting complaints and other diagnostic testing pointing away from such diagnosis, placed acoustic neuroma very low on the differential diagnosis. The defense further argued that under these circumstances, the ordering of an MRI was not the standard of care. After summations, the jury, in 20 minutes and without asking for any evidence, unanimously agreed that an MRI should not have been ordered. Mr. Melnick was assisted at trial by David Saffra.