Newsroom
Defense Verdict for Urologic Surgeon and Urology Practice
On April 27th Partners Jack Shusted and Jake Lehman obtained a defense verdict for their client, a Pottstown area Urologist, after a week of trial in the Montgomery County Court of Common Pleas. The trial involved allegations that the surgeon improperly performed female organ prolapse surgery on the Plaintiff leading to lifelong pain and discomfort. Mr. Shusted and Mr. Lehman were able to show that the surgeon met the standard of care in all respects and that any complications the Plaintiff experienced were not the result of negligence.
GGM is pleased to announce its newest Litigation Associate Nicholas C. Kapsimalis
GGM is pleased to announce the addition of a new litigation associate, Nicholas C. Kapsimalis. At GGM Nicholas will focus his practice on the defense of insured and self-insured entities in a variety of litigation matters, including products liability, premises liability and motor vehicle accidents. Before joining GGM, Nicholas was an associate at a civil litigation firm where he represented both individuals and corporate entities in personal injury claims, premise liability claims and insurance coverage disputes. Before shifting his focus into defense work, Nicholas zealously represented Plaintiffs in personal injury matters in several counties in the Commonwealth of Pennsylvania for a Philadelphia based law firm.
Nicholas earned his Juris Doctorate from Widener University Delaware Law School in 2018. While earning his Juris Doctorate, Nicholas worked in a boutique law firm in Philadelphia, which specialized in transaction matters for small businesses.
Partner Jacob C. Lehman presented at ALFA’s International Client Seminar in La Quinta, California
Last week, partner Jacob C. Lehman chaired the panel “Mobile Applications, Social Media and the Internet of Things: What’s Your Appetite For Risk” at ALFA International’s 2023 International Client Seminar in La Quinta, California. The theme of this year’s ICS was Progress is Coming, So Lead, Follow, Or Get Out of the Way. Read more about the presentation below.
“Mobile Applications, Social Media and the Internet of Things: What’s Your Appetite For Risk”
For better or worse, in modern society more and more of social and business interaction is conducted through our cell phones. While we may cringe when looking at data about how many times we pick up and look at our phones each day, or how much time we spend on social media, as business people and legal professionals it is important to recognize how this digital interface drives business and the legal challenges it presents.
Mobile applications are and seem destined to remain one of the central ways business is conducted. Companies developing an app for their business would be wise to consider the legal issues involved at every step of the app development process.
Partner Andre J. Webb presented at ALFA’s International Client Seminar in La Quinta, California
Last week, partner Andre J. Webb presented on the panel “MOVE OVER, MILLENNIALS… AND WELCOME GEN Z!” at ALFA International’s 2023 International Client Seminar in La Quinta, California. The theme of this year’s ICS was Progress is Coming, So Lead, Follow, Or Get Out OF the Way. Read more about the presentation below.
“MOVE OVER, MILLENNIALS… AND WELCOME GEN Z!”
Just when you thought you understood millennials, a new generation has entered the chat. Welcome Generation Z! As we are looking forward, we must learn more about the newest members of the workforce, jury pool and potential claimants. Hear from a panel of millennials who are excited to introduce you to the characteristics, perspectives and values of the next generation.
Summary Judgment for Surgeon in NJ Medical Malpractice Case
Jacqueline E. Schneiders and M. Dinora Smith obtained summary judgment for a surgeon in a medical malpractice action filed in the NJ Superior Court in Camden County, New Jersey.
Plaintiff alleged that all Defendants were negligent in their failure to timely diagnose and treat the decedent’s bowel injury or disease, causing aspiration of emesis and a cardiac arrest, which then began an uncontrollable cascade of pathologies resulting in her death. She sued the hospital and all physicians involved in the decedent’s care, including several surgeons and gastroenterologists.
During discovery, Plaintiff produced expert reports from two surgeons. Neither expert identified any specific act or omission of the surgeon at issue that was a breach of the standard of care and cause of decedent’s death. One expert broadly concluded that all the surgeons deviated from the standard of care, but was only critical of the actions taken after the surgeon at issue was no longer involved in the care. The other expert gave a similar opinion, but specifically noted that initial conservative management was appropriate.
In moving for summary judgment, Schneiders and Smith argued that Plaintiff failed to present evidence of any specific deviation from the standard of care by the surgeon at issue, that the opinions were critical of the care after his involvement, and the broad, conclusory opinions were impermissible net opinions. While the motion was pending, Plaintiff’s second expert gave a new opinion purportedly based on imaging studies from 2018 that Plaintiff provided to him the day before the deposition. At oral argument, Plaintiff argued that this new opinion was sufficient to establish liability against all the surgeons involved in decedent’s care. However, this new opinion was only an expansion and ultimately did not change the original conclusion that initial conservative care was appropriate. The Court agreed, granted the motion for summary judgment, and dismissed all claims and cross-claims against the surgeon.
Defense Verdict for Radiologist and Radiology Group
On Friday, February 17, 2023, Jack Shusted and Nikki Mosco obtained a defense verdict on behalf of their clients, a Radiologist and Radiology group, after a week-long trial in the Bucks County Court of Common Pleas in Doylestown, Pennsylvania.
At trial, Plaintiff claimed that the Radiologist failed to identify and report a density on the patient’s mammogram which Plaintiff further claimed increased the risk of harm and death of the patient.
The defense showed that the asymmetric density seen on the mammogram at issue was stable mammographically over a three year period and therefore, the Radiologist met the standard of care in his interpretation and reporting of the mammogram. The defense also demonstrated that the patient unfortunately suffered from a highly aggressive interval breast cancer and given the aggressive biology of the patient’s cancer, earlier diagnosis would not have changed the ultimate outcome.
Defense Verdict for Podiatric Surgeon
On Tuesday January 31, 2022, Jacob Lehman and Jack Shusted obtained a defense verdict on behalf of their client, a podiatric surgeon, after a week-long trial in the NJ Superior Court in Camden, New Jersey.
At trial Plaintiff claimed that the surgeon failed to practice within the standard of care in his treatment of tailor’s bunions and other conditions in the Plaintiff’s right and left feet, including through the choice and performance of three different surgeries. Plaintiff claimed lifelong impairment and pain as a result of the allegedly botched surgeries including the need for three additional procedures from another provider and ongoing medical care for life.
Mr. Lehman and Mr. Shusted showed the jury how the Defendant surgeon met the standard of care in evaluating and treating the Plaintiff and that all the choices, including surgical choices were reasonable and appropriate and made in consultation with the patient. They also demonstrated how the Plaintiff’s claimed injuries were not all related to the foot surgeries and how her claimed future damages were out of proportion to her true injuries.
GGM is pleased to announce that Nikki A. Mosco has been named a Partner of the Firm
German Gallagher & Murtagh is pleased to announce the continued growth of our firm with the promotion of Nikki Mosco to Partner. Nikki is a valuable asset to our firm’s medical professional liability group, where she has been defending physicians, physician assistants and other medical professionals, since she joined the firm in April 2017. Nikki’s dedication, relentless work ethic and commitment to excellent client service are proof that her promotion was well deserved. Nikki received her JD from Widener University and her Bachelor of Arts in Political Science from Cabrini College.
German Gallagher & Murtagh is pleased to announce partner Jeffrey D. Laudenbach has been selected to become a member of the Federation of Defense and Corporate Counsel (FDCC)
German Gallagher & Murtagh is pleased to announce partner Jeffrey D. Laudenbach has been selected to become a member of the Federation of Defense and Corporate Counsel (FDCC). The FDCC is an exclusive, invitation-only international organization of civil defense attorneys in private practice, in-house counsel, risk managers, and insurance claims professionals.
Jeffrey joins fellow GGM members Dean Murtagh and Andre Webb, as well as a select group of 1,200 defense attorneys from the U.S., Australia, Canada, and Europe as part of the FDCC.
The FDCC, comprised of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits.
DEAR TRUCKERS: WINTER IS HERE IN PENNSYLVANIA
‘Christine’s Law’ Elevates Driver Duties to Remove Snow and Ice
Starting September 2022, drivers on Pennsylvania highways are required by statute to exercise increased vigilance during the winter months. “Christine’s Law”, as it is known, regulates the removal of snow and ice, snowballing the duty of drivers operating vehicles on a Pennsylvania highway to make “reasonable efforts” to remove any accumulated ice or snow from their vehicle – including the vehicle’s hood, trunk, and roof – within 24 hours after the cessation of the wintery precipitation. “Vehicle”, as used here, includes trailers. Failure to do so subjects the driver to a fine of $50.00 for each offense.
Christine’s Law creates a heightened duty for drivers more than that of its predecessor rule. Under the previous, now-repealed statute, drivers were only subject to fines when snow or ice actually became dislodged from their vehicle and struck another vehicle or pedestrian, causing serious bodily injury or death. If the same were to happen now, under Christine’s Law, the operator of a moving vehicle from which ice or snow was dislodged and caused serious bodily injury or death is subject to a $200 – $1,500 fine for each offense.
The language of Christine’s Law makes sure to include “motor carrier vehicle,” making the new regulation applicable to many commercial trucking and transportation vehicles. This means that commercial drivers who find themselves operating vehicles on Pennsylvania highways have the same duty as non-commercial drivers to make reasonable efforts to remove snow and ice from the hood, trunk, and roof of their commercial vehicles.
While the impact of Christine’s Law appears to apply to commercial and non-commercial vehicles alike, the new regulation has several exceptions which appear exclusive to commercial trucking. The duty to make reasonable efforts to remove snow and ice does not apply if the driver of a commercial vehicle is en route to a facility to remove accumulated ice or snow at the time of a traffic stop for non-removal. This duty is also alleviated if complying with the law would cause the commercial driver to violate any other law (state or federal), a workplace safety regulation, or would threaten the driver’s health and safety.
With this new requirement in place, we should expect trucking companies to respond with precautionary practices. Of course, many companies already have established policies and procedures to avoid this safety issue. Companies that have deferred these precautionary measures to their drivers should consider implementing new policies and providing drivers with a means of complying with the law, including providing snow removal equipment at local facilities.
Of note, this law not only applies to Pennsylvania-based companies and drivers, but also to any driver who finds themselves on Pennsylvania roads. Thus, a vehicle domiciled in, say, Arizona, which anticipates traveling through this Commonwealth in wintery months should consider how it will exercise these precautionary measures in the foreign venue. Scheduling an appropriate stop in the driver’s manifest or itinerary should be a factor. Companies may consider working with “competitors” that possess available snow removal equipment in the Pennsylvania locale where a driver expects to be traveling, to allow for use of this equipment. In fact, scheduling a stop for the purpose of snow removal may serve as documentary evidence demonstrating the “en route” exception noted in the law.
Christine’s Law receives its name from the tragic death of Christine Lambert of Palmer Township, Pennsylvania who, on Christmas Day in 2005, was killed by a large piece of ice that crashed through her windshield after becoming dislodged from a passing box truck. Christine’s Law seeks to prevent tragedies like Christine’s death. Most trucking companies always prioritize safety. These changes elevate the industry standard for vehicular snow and ice removal in Pennsylvania.
GERMAN, GALLAGHER & MURTAGH, P.C.
Matthew J. McColgan, Esq.
Tamarrin J. Johnson, Esq.
