Health Law/Medical Malpractice Unit's Success In New York Continues
April, 2007
by Neil H. Ekblom and Edward M. Tobin and Michael T. Loffredo and Edward L. Soyka and Sarah E. Hourigan and Afaf S. Sulieman
Jury Returns Verdict in Medical Malpractice Case in favor of Clausen Miller’s Client
Neil Harkin Ekblom, a partner of the Health Law/Medical Malpractice Unit in Clausen Miller’s New York office, received an important defense verdict on Friday, March 30, 2007, in the case of Scott Tolchin and Heidi Litman v. TLC Laser Centers and Dr. Mark Speaker, et al., Index No. 125657/02. The result was important because the outcome may influence how Lasik centers and physicians are insured and defended. In their last trial, Defendants lost $7 million. The case was transferred to Clausen Miller, because of our record in medical malpractice defense.
In this case, Mr. Tolchin appeared on national TV, CBS’s “Eye on America” with Dan Rather to discuss the claim of negligent treatment by our clients. In this three week trial, Mr. Tolchin alleged improperly performed lasik caused permanent night vision complaints and permanent decrease in the quality of his vision in daylight preventing him from working, driving and normal relations with his wife, also an attorney. Plaintiffs’ counsel requested $5 million on summation.
Before the trial, associate Ted Tobin won a Motion barring evidence that the FDA dictates physician standards of care. This decision removed claims that the procedure was “not approved by the FDA”. Other Motions during trial were drafted by Michael Loffredo and Sarah Hourigan (statute of limitations and baring admission of certain records of Drs. Solloway and Dello Russo), Afaf Sulieman (barring the CBS video and dismissing a defendant entity that was not in existence at the time of the malpractice), and Ed Soyka and Ted Tobin (motion to preclude or for a Frye hearing on method and relevance of economist expert Ronald Sullivan).
Plaintiffs’ expert was Michael Insler, our experts were Ken Moadel and Ronald Carr.
If you would like to learn more about medical malpractice defense or other defense matters, please feel free to e-mail Neil H. Ekblom (nekblom@clausen.com) or call him at 212/805-3900.
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