Mark Perry and Mary Montoro successfully opposed Plaintiffs’ Motion for Class Certification. In an Order issued on July 21, 2017, Judge James A. Gibbons denied Plaintiffs’ Motion for Class Certification in a Lackawanna County case, Scarnato and Dugan v. The Scranton Endoscopy Center, et al., No. 2014-CV-5339. In their Class Action Complaint, Plaintiffs alleged that Defendants failed to appropriately clean and disinfect colonoscopes in accordance with manufacturer’s instructions, allegedly subjecting the Plaintiffs and hundreds of putative class members to colonoscopies with improperly disinfected instruments and potential exposure to infections and/or illnesses. In his Memorandum & Order denying class certification, Judge Gibbons held that Plaintiffs failed to adequately demonstrate the numerosity required by Pa.R.Civ.P. 1702(1), as Defendants established through discovery that the proposed class included only forty-seven (47) patients, all of which had been identified, notified, informed of the potential risks, and offered free testing. The Court did not consider Defendants’ arguments concerning the remaining four (4) elements of Rule 1702, as it was determined that Plaintiffs had not established the first element. Thus, pursuant to Pa.R.Civ.P. 1710(e), Judge Gibbon ordered this action to proceed against Defendants by the named Plaintiffs alone.
Mark Perry successfully defended a CRNA at an arbitration in a matter involving claims of professional negligence. Plaintiff claimed that he was severely injured during a colonoscopy because the CRNA utilized the wrong method of anesthesia and inappropriately monitored the patient during the colonoscopy. The wife filed a loss of consortium claim. Plaintiffs argued that the CRNA should have intubated the patient and utilized general anesthesia because of Plaintiff’s significant cardiac history including pacemaker, atrial fibrillation, past myocardial infarction, congestive heart failure, and low ejection fraction. Plaintiffs also allege that during the procedure the CRNA failed to properly monitor the patient’s condition, which caused respiratory arrest, which led to anoxic encephalopathy and significant brain damage. Attorney Perry argued that the CRNA used the appropriate choice of anesthesia, monitored anesthesia care (“MAC”), instead of general anesthesia because MAC was the safest and least invasive method of anesthesia for the patient.
Further, Attorney Perry argued that the CRNA closely and appropriately monitored the patient during the procedure and acted promptly to initiate CPR, which actually helped to save the patient’s life. Attorney Perry also argued that the Plaintiff’s alleged brain injury was not caused by the lack of oxygen, but was part of the normal aging process.
Mark Perry and Mary Montoro recently obtained a victory for an otolaryngologist in a Wrongful Death trial in Orange County, New York. The Decedent was a seventy year old man who arrived in the Emergency Department at 3:00 in the morning, complaining of a severe sore throat and inability to breathe. The otolaryngologist was called from home, arrived at the hospital within a half hour, and attempted to perform an emergency fiber optic procedure and ultimately a cricothyrotomy, which failed. The Decedent died on the operating room table after a full code was called. The Plaintiffs’ alleged that the ENT should have proceeded immediately to the cricothyrotomy, and that during the performance of the cricothyrotomy the ENT should not have attempted to switch from an endotracheal tube to a tracheostomy tube.
Mark and Mary successfully argued through the Defendant ENT and expert witnesses that the ENT met the standard of care, and that the doctor performed the appropriate sequence of procedures to gain access to the Decedent’s airway.
Mark recently spoke at the Litigation Counsel of America’s Renaissance Symposium at the Harvard Club in New York City. Mark’s subject was “Jury Trials in the Age of the Trump Voter.” The LCA is an invitation-only trial lawyer honorary society. Fellows are selected and invited into Fellowship after being evaluated for effectiveness and accomplishment in litigation and trial work. Mark was admitted as a Fellow in 2011.
LCA membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers. The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, to provide an outlet for scholarly authorship of legal articles on trial and litigation practice, to provide additional sources for professional development, to promote superior advocacy and ethical standards in the practice of law, to assist in community involvement by its membership, and to advance a superior judiciary, by taking relevant positions on issues or legislation affecting judicial compensation and/or benefits, as well as those affecting the American litigation processes.
Fellows are selected and invited into Fellowship after being evaluated for effectiveness and accomplishment in litigation and trial work, along with ethical reputation.
Attorney Hill obtained a defense verdict in Northampton County in an emotionally-charged medical malpractice trial involving the tragic death of 15-year old who died within 2 hours after leaving a local hospital.
“Our condolences go out to the Ogioba family,” said John Hill, the attorney for Dr. Chiraag Gupta, an emergency room doctor at Easton Hospital. “We realize the emotional impact of this case and are just thankful that the civil process does work.”
In 2011, an otherwise healthy teenager, Lewis Ogioba, presented to an ER in Easton, Pennsylvania and was diagnosed and treated for asthma. He was discharged home and died within hours in his mother’s arms of an underlying cardiac condition.
Plaintiff’s counsel alleged that the ER physician was negligent in prematurely discharging the teen. At trial, Mr. Hill argued that Ogioba’s treatment was proper given the medical problems he was suffering at the time. Mr. Hill presented 4 board-qualified experts in 4 different specialties who testified that the ER physician met the standard of care. The jury agreed.
The trial was closely monitored by local news media. News coverage can be found at: