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:
Congratulations to Attorney Timothy J. Holland. He was just presented with an Exemplary Service Award by the Lackawanna County Bar Association for his outstanding service to the profession, the community and the bar association. Attorney Holland has been practicing law since he graduated from The Dickinson School of Law in 1977. He has been a member of the Lackawanna County Bar Association since 1983 and a member of the Board of Directors of the Bar Association for the past four years. He is a certified mediator in the United States District Court for the Middle District of Pennsylvania, board certified by the National Board of Trail Advocacy and an Advocate with the American Board of Trial Advocacy, where he was a former vice president of the Northeastern Chapter. He is extremely active in his profession, participating as a member in the Pennsylvania Bar Association, Wilkes-Barre Law and Library Association and a Special Trial Master in both Luzerne and Lackawanna Counties. He also served as the former Solicitor for the Area Agency on the Aging in Lackawanna County and former President of the NEPA Claims Association.
Attorney John Hill of our Bethlehem Office successfully defended a podiatrist and two family physicians by obtaining back-to-back defense verdicts in two medical malpractice cases in the Lehigh Valley.
On September 21st, John obtained a defense verdict defending a local podiatrist who allegedly severed two tendons during an operation to stabilize a patient’s left ankle. John offered strong and convincing testimony from his client and highly respected experts to establish that the tendons spontaneously ruptured. The jury unanimously agreed.
On October 13th, John obtained a defense verdict from a Judge in Lehigh County in a Bench Trial/Arbitration when he successfully defended two family physicians who allegedly failed to timely diagnosis and treat a patient with TMJ resulting in the extraction of all of the patient’s natural teeth. John successfully convinced the Court that the patient had a pre-existing history of TMJ and that the patient’s own “negligence” contributed to the loss of her teeth.