Cases
Rep Matters: Appellate Court Rejects Plaintiffs' Bid for Continued Anonymity in Civil Action Against H & S Client
In James Doe, et. al. v. [Defendant Pediatrician], - Conn. App. - (Slip. Op. May 23, 2017), a unanimous panel of the Appellate Court affirmed the trial court's denial of the plaintiffs' motion to allow them to continue to use pseudonyms in their civil action against the defendant, a pediatrician the plaintiffs accuse of sexually assaulting them while they were his minor patients. The trial court denied the plaintiffs' motion because it was unable to conclude, based on the record the plaintiffs provided
insisted was sufficient, that the plaintiffs' claimed privacy interests outweighed the public's interest in knowing their names. Although the plaintiffs were afforded the opportunity to present evidence in the trial court, they refused
maintained, instead, that the allegations of their Complaint
the affidavits they eventually provided were enough.
The plaintiffs continued their insistence on appeal. The Appellate Court, however, agreed with Halloran & Sage's argument on behalf of the defendant that the plaintiffs' proffer was unavailing. The Court deemed the plaintiffs' affidavits conclusory because they merely stated the general nature of the privacy interests they claimed, but they did not provide factual or evidentiary support for those claims,
it concluded that this was not enough to overcome the high threshold for proving that the plaintiffs are entitled to maintain the privilege of anonymity throughout these proceedings. In doing so, it reiterated that Connecticut's rules of practice do not allow for automatic approval of the use of pseudonyms, even in cases involving allegations of sexual assault,
it rejected the plaintiffs' argument that, based on the record they chose to rely upon, the trial court could only have granted their motion.
Laura Pascale Zaino, member of Halloran & Sage's Appellate Practice Group, argued the appeal for the defendant. Richard C. Tynan
Evan M. O'Hara secured the trial court order the Appellate Court affirmed.
Psychiatrist Dismissed from Suit on Jurisdictional Grounds
A child psychiatrist was dismissed from a multi-party United States District Court Suit when the court refused to exercise federal jurisdiction in a matter involving allegations that the doctor recommended
prescribed psych meds to a public school student in violation of school policy. The doctor was serving as a consultant to the school system
had been called upon to perform an independent psychiatric exam. Other defendants included the local board of education
individual school personnel. Richard C. Tynan h
led this matter.
Interventional Cardiologist Successfully Defended
Plaintiff was experiencing an MI (NSTEMI). She was taken to a local hospital where she had a successful cardiac catherization
stenting
she was discharged the following morning. A day later she was readmitted due to abdominal pain. She was diagnosed with a celiac artery dissection. She was treated conservatively
discharged only to return days later with what was diagnosed as a renal artery dissection. Plaintiff's theory of liability was that during the cardiac catherization the cardiologist negligently entered or probed the celiac
renal arteries, precipitating the dissections. The case was withdrawn on the eve of trial. This matter was h
led by Richard C. Tynan.
Summary Judgment Obtained in Statute of Limitations Matter
New Britain Superior Court granted a summary judgment in a case where the plaintiff filed an amended complaint alleging two counts sounding in sexual assault
two counts sounding in medical malpractice against his pediatrician. The plaintiff alleged that the conduct occurred between approximately 1976
1984. Halloran & Sage filed a motion for summary judgment as to the two medical malpractice counts, arguing that the alleged malpractice was time-barred by the three-year statute of repose under General Statutes section 52-584 because the alleged conduct occurred more than three years from the date the plaintiff commenced his action. The plaintiff attempted to argue that the thirty-year extended statute of limitations of General Statutes section 52-577d, which applies to causes of action alleging harm caused by sexual assault, governed the two counts alleging malpractice because his other two counts alleged causes of action based on allegations of sexual assault. The court ruled that General Statutes section 52-584 controlled the two counts alleging medical malpractice
granted summary judgment on both counts because the plaintiff commenced his action more than three years after the conduct which allegedly caused him harm. This matter was h
led by Evan O'Hara
Richard C. Tynan.
Laparoscopic Surgical Claim Results in Defense Verdict
A malpractice suit claiming that a second open surgery was needed because the first surgeon failed to correctly identify
address an inguinal hernia during a repair using a laparoscopic approach was successfully defended in a recent trial in Bridgeport. The jury found that the hernia was correctly identified
addressed by the defendant surgeon
that the second surgery was required because the plaintiff experienced a recurrence. The matter was h
led by Richard Tynan.
Psychiatrist Defended in Medical Malpractice Case
Richard C. Tynan recently participated in the successful defense of a psychiatrist
his medical group. The case involved a patient who committed suicide by hanging while a resident of a drug treatment facility. Claims being advanced included failure to appreciate
properly assess suicidal thoughts, improper prescription
monitoring of benzodiazepines
patient ab
onment. The trial consumed an entire month
numerous experts were presented to the jury including an oncologist, a toxicologist, a psychiatrist
an economist.
Tynan
Grady Successfully Defend Surgeon in a Medical Malpractice Case
Richard Tynan
Timothy Grady obtained a defendant's verdict on behalf of a local general surgeon who was sued in connection with a common bile duct injury that occurred during a laparoscopic cholecystectomy. When her injury was diagnosed, the 46 year old female plaintiff was transferred to a tertiary care facility to undergo a Roux-en-Y repair procedure. The plaintiff's lawyer asked the jury to return a $916,000 verdict on behalf of the plaintiff. The jury deliberated over 5 hours before returning a defense verdict.
Richard Tynan
Timothy Grady recently obtained a defense verdict in a podiatric malpractice claim.
A 51 year old female plaintiff alleged that her podiatrist failed to diagnose Raynaud's phenomenon before performing a bunionectomy
administering a local anesthetic containing epinephrine. It was alleged that a proper history as well as a thorough vascular exam would have revealed circulatory compromise making the patient prone to vasospasm. Following bunionectomy surgery, the patient developed a gangrenous second toe, which eventually had to be partially amputated. The case was tried at the Hartford Superior Court over parts of two weeks in November 2009,
the jury returned a defense verdict in favor of the podiatrist after approximately three hours of deliberations.
Defense Award Obtained in a Nursing Home Malpractice Case
Richard Tynan recently obtained a defense arbitration award in a nursing home malpractice case. The 77-year-old male plaintiff alleged that the nursing home staff did not provide adequate fall prevention measures
that the staff failed to insure that the bed alarm was properly functioning. In addition, the plaintiff claimed that the staff did not assist him to the bathroom in a timely fashion. The claimant sustained a fractured hip as a result of a fall,
he underwent hip repair surgery
rehabilitation. The case went to binding arbitration with a single arbitrator. The arbitrator found that the defendant's actions
/or inactions did not cause the plaintiff's fall. The arbitrator returned his award in September 2008.
Defense Verdict Obtained in Psychiatric Malpractice Case
Richard Tynan recently obtained a defense verdict in a psychiatric malpractice case. In the case the plaintiff alleged that his psychiatrist failed to properly assess him for suicidality at a point in time when his anti-depressant medication was being switched. In addition, he alleged that the psychiatrist was unavailable to him by reason of her vacation at the critical juncture. Plaintiff attempted suicide by overdose. The case was tried in Bridgeport Superior Court. The verdict was awarded in June 2007.
Defense Verdict in Malpractice Claim
Richard Tynan recently obtained a defense verdict in a primary care physician death claim case. In the case the plaintiff alleged that his primary care physician breached the st
ard of care by prescribing Naprosyn while the plaintiff's decedent was also taking Coumadin. The defendant contended the st
ard of care did not require the plaintiff to check his INR prior to starting him on a short course of Naprosyn. The plaintiff descendant's INR had been stable for an extensive period of time
was therapeutic one week prior to death. The case was tried in Hartford Superior Court. The verdict was awarded in November 2006.
Directed Verdict for Defense Obtained in Pediatrician Malpractice Case
Attorney Richard Tynan recently obtained a directed verdict for a defendant in a claim involving the death of a two-month old prematurely born infant. The plaintiff alleged that the pediatrician failed to perform an adequate assessment of the infant's pulmonary status after the infant's arrival in Connecticut. (The infant was born in Georgia.) The case was tried in the Hartford Superior Court. The verdict was awarded in August 2006.
Defense Verdict Obtained in Allegation of Breach of St
ard of Care
Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged a breach of st
ard of care
unlawful imprisonment. The plaintiff alleged that a psychiatrist improperly filled out a physician's emergency certificate, which resulted in the plaintiff's involuntary hospitalization. The case was tried in Middlesex Superior Court. The verdict was awarded in April 2002.
Judgment in Favor of Ophthalmologist in Laser Surgery Case
After several days of evidence
after hearing from various expert witnesses, the judge ruled in favor of the ophthalmologist in a laser surgery case. Allegations involved failure to obtain informed consent to proceed with laser surgery for treatment of diabetic retinopathy. This case was tried in the New Britain Superior Court. The verdict was awarded in December 2001.
Defense Verdict Obtained in Plaintiff's Allegation of Improper Chiropractor Care
Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged a covering chiropractor improperly treated her lower back,
injured it, when the patient had consented to therapy. The therapy had already been begun by another chiropractor
centered around the cervical spine
TMJ. This case was tried in Middlesex Superior Court. The verdict was awarded in October 2001.
Defense Verdict Obtained in Plaintiff's Allegation of Primary Care Physician's Improper Diagnosis
Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged that a covering primary care physician failed to properly diagnose a myocardial infarction which was subsequently diagnosed by the plaintiff's primary care physician several days later. This case was tried in New Britain Superior Court. The verdict was awarded in February 2000.
Defense Verdict Obtained in Emergency Tracheotomy Case
Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged that an ENT failed to properly secure an appliance inserted during an emergency tracheotomy, thus causing the decedent to die. The case was tried in Middlesex Superior Court. The verdict was awarded in December 2004.
Defense Verdict Obtained in Allegation of a Damaged Nerve
Richard Tynan obtained a defense verdict in a matter in which the plaintiff alleged that her surgeon damaged her phrenic nerve in the process of performing a thoracotomy to explore for the presence of a cancerous mass. The case was tried in Hartford Superior Court. The verdict was awarded in May 2004.
Defense Verdict Obtained in Erb's Palsy Matter
Richard Tynan obtained a defense verdict in a matter in which the plaintiff claimed an injury to the brachial plexus (Erb's Palsy) allegedly caused by the Ob-Gyn's failure to manage a shoulder dystocia delivery. The case was tried in New Britain Superior Court. The verdict was awarded in May 2004.
Defense Verdict Obtained in Plantiff's Allegation of Improper Diagnosis
Richard Tynan obtained a defense verdict in a matter in which the plaintiff alleged failure of his ENT to properly diagnose a cancerous lesion in the oral cavity. Plaintiff subsequently was diagnosed with a squamous cell cancer
thereafter followed up with radiation therapy only, resulting in a condition of permanent dry mouth. The case was tried in Middlesex Superior Court. The verdict was awarded in August 2003.
Defense Verdict Obtained in Endochrinologist Matter
Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged that his endochrinologist failed to properly manage his diabetes, failed to appreciate signs
symptoms of early cardiac disease
failed to counsel him on his cardiac risk. The plaintiff had a massive heart attack that resulted in total disability. The case was tried in Middlesex Superior Court. The verdict was awarded in May 2004.
Defense Verdict Obtained in Radiologist St
ard of Care Case
Attorney Richard Tynan recently obtained a defense verdict in a Hartford Superior Court case. The plaintiff had a screen mammography whereupon her radiologist recommended further studying. That further study was carried out with additional views, with the advice to the plaintiff that she return for follow-up in four months. Plaintiff did not return for follow-up. She was diagnosed with metastatic breast cancer ten months later
alleged a deviation from the st
ard of care
failure to properly interpret the mammogram, failure to evaluate with ultrasound,
failure to clearly advise the plaintiff of her need for follow-up. The verdict was awarded in July 2006.
Defense Verdict Obtained in Ob-Gyn Allegation of Excessive Traction
Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged injury to the femoral nerve as a result of excessive traction during an emergency hysterectomy. She claimed total paralysis
disability. The case was tried in New Britain Superior Court. The verdict was awarded in 2005.
Defense Verdict Obtained in Radiologist St
ard of Care Case
Attorney Richard Tynan recently obtained a defense verdict when a plaintiff's conservator claimed that the defendant radiologist deviated from the st
ard of care in interpreting a CT scan which, she alleged, demonstrated signs of stroke. She further alleged that had the CT scan been properly interpreted, the ward would have been admitted to the hospital
started on Heparin or another anti-coagulant, thus preventing the massive injury which followed. At the time of trial, plaintiff was totally bed-ridden
dependent on nursing home staff for all activities of daily living
assistance with all bodily functions. The case was tried in the Hartford Superior Court.
Latex Foam Intern. Holdings, Inc. v. Richard N. Goldman & Co., 2007 WL 447916 (Conn. Super. Ct. January 26, 2007)(Langenbach, J.)
The Superior Court, Complex Litigation Docket, granted summary judgment on all claims against the defendant, an insurance brokerage company which had provided a limited inspection service for the purpose of determining whether the insured, a large latex foam mattress manufacturer, could lower its property insurance premiums by upgrading the building's existing sprinkler system. After the factory suffered a $38 million fire loss, the property insurance carriers who paid the loss brought subrogation claims against the brokerage company
inspector, alleging that they failed to instruct the insured to install fire sprinklers internally in the mattress dryer. The Court held that the broker had no legal duty to make such recommendations,
dismissed all claims, including negligence
contract claims.
Camelot Modular Homes v. Freska, et al. 2008 Conn. Super. LEXIS 1935
Bloom v. Gershon, 271 Conn. 96, 856 A.2d 335 (2004)
This case involved a procedural question - The Connecticut Supreme Court determined that the claims commissioner does not have jurisdiction to waive the State's sovereign immunity
grant a claimant permission to file apportionment complaint.
Lostritto v. Community Action Agency of New Haven, Inc., 269 Conn. 10, 848 A.2d 418 (2004)
This case resolved a longst
ing procedural question regarding apportionment complaints. Although we lost, it is still significant. Supreme Court decided the 120 day provision for filing apportionment complaints is m
atory, not directory.
Weigold v. Patel, 81 Conn. App. 347, 840 A.2d 19, cert. denied 268 Conn. 918, 847 A.2d 314 (2004)
The plaintiff's decedent was killed in an automobile accident caused by a psychiatric patient who fell asleep at the wheel. The plaintiff alleged that the medication prescribed to the patient caused her to fall asleep. The Connecticut Appellate Court held that a psychiatrist owes no duty of care to the public to warn a patient of the danger of operating a motor vehicle while taking medication.
