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Professional Biography |
Joe is a member of the firm's Litigation group and chairs the firm's Medical Malpractice and Catastrophic Injury group. Joe is best known as one of the leading plaintiff's medical malpractice litigators based in the Hudson Valley. He is experienced in medical malpractice cases arising from birth injuries, misdiagnosis of cancer and heart disease, surgical errors, and medication errors. He has also obtained large recoveries for victims of construction accidents and auto accidents. Joe offers expert support to individuals gravely injured, and the families of those who have died, as a result of negligence and medical malpractice. Joe's experiences also include notable cases in the areas of legal malpractice, commercial litigation and defamation.
Joe’s approach to cases in the Medical Malpractice and Catastrophic Injury area begins and ends with sensitivity and respect for the plight of severely injured, ill, and often grieving clients. Each potential case is patiently and meticulously investigated and screened for merit through a comprehensive review of records, medical and scientific research, and consultation with leading experts in the fields in question. Cases that are found to have merit are aggressively prosecuted. Each case is prepared for trial, a process that includes exhaustive discovery; preparation of the legal and technical aspects of the case; and numerous meetings with client and family members. Joe is one of the few Board Certified Civil Trial Advocates in the State of New York. His trial experience, with scores of jury verdicts to his credit, gives him credibility in settlement negotiations, mediations, and arbitrations. Cases that are successfully resolved often generate very significant recoveries. Joe’s work on such cases is not concluded until individualized plans for investment and protection of the clients’ funds are finalized. For an introduction to some of the medical and legal issues in the medical malpractice area, click on Article. The firm’s strengths in the areas of Trusts and Estates, elder law and Taxation offer an added dimension of service to clients who need to manage large personal injury and wrongful death recoveries. |
Significant Matters and Cases: |
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Over 60 Cases Tried to Verdict, Including the Following:
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$1 million medical malpractice verdict, Rothstein v. Mayer, Supreme Court, State of New York, Orange County (2001) |
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$1.3 million medical malpractice verdict, Ball v. Shanahan, Supreme Court, State of New York, Orange County (1995)
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$12.3 million medical malpractice verdict, Godin v. Schapiro, N.D.N.Y. (1992)
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$2.1 million medical malpractice verdict, Hutton v. Mayo Clinic, D. Minn. (1984)
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Numerous Multi-Million Dollar Settlements, Including the Following:
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$2,000,000 (Medical Malpractice) Partial paralysis due to delayed diagnosis of infection (Settlement during trial) (Supreme Court, State of New York, Westchester County 2007)
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$2,600,000 (Medical Malpractice) Death of mother of five due to undiagnosed brain aneurysm (Settlement before Trial) (Supreme Court, State of New York, Bronx County 2006)
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$4,500,000 (Motor vehicle) Paralyzed arm, chronic pain and traumatic brain injury (Settlement during trial) (Supreme Court, State of New York, Nassau County 2005)
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$2,000,000 (Medical Malpractice) Anesthesia Death Of A Young Mother (Settlement During Trial) (Supreme Court, Stateof New York, Orange County 2004)
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$1,700,000 (Medical Malpractice) Death From Undiagnosed Pulmonary Embolism (Supreme Court, New York State, Westchester County 2002)
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$1,400,000.00 (Medical Malpractice) Failure to Diagnose Breast Cancer. (Settlement During Trial) (Supreme Court, New York State, New York County 2002)
(wrongful death)
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$4,150,000 (Medical Malpractice) Undiagnosed Malaria Causing Blindness and Severe Brain Injury (Supreme Court, New York State, New York County, and Superior Court, Montgomery County, State of Maryland 1997)
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$6,700,000 (Work Site Injury, - Labor Law Violation) (Settlement During Trial) (S.D.N.Y. 1994)
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Other Notable Cases:
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Arpels v. Fallek (Supreme Court, State of New York, New York County) (1996) (settlement during trial) (pierced corporate veil against taxicab fleet)
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Elliot Gross v. New York Times et al. (Supreme Court, State of New York, New York County) (1985) (obtained dismissal of multi-million dollar defamation claims against leading pathologists who were sources for an
exposé of abuses in the New York City Medical Examiner's Office)
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Wolstencroft v. Wolstencroft (Supreme Court, State of New York, Westchester County) (NYLJ - 8/12/1981) (secured wife's right to obtain equitable distribution in New York based upon divorce obtained by husband in United Kingdom)
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Professional and Community Involvement: |
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Executive Committee, Laparoscopy Litigation Group |
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| Lectures and Presentations: |
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“Medical Malpractice and Helping the Grieving Client” - New York State Trial Lawyers Institute Wrongful Death Seminar, March 25, 2003, March 26, 2004
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“Understanding Defenses in Laparoscopy Cases” - American Trial Lawyers Association, Montreal, Canada, July 2001
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Education: |
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Journals and Publications: |
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"Negligent Pediatric Care" - Am Jur Trials, Model Trials, Volume 51, 1994 |
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"Effective Summation" - Am Jur Trials, Model Trials, Volume 43, 1991 |
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"Informed Consent to Brain Surgery" - Am Jur Trials, Model Trials, Volume 35, 1987
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"The Complex Medical Malpractice Case" - Trial Diplomacy Journal, Spring, 1986 |
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"Settlement: When Discretion is the Better Part of Valor" - National Law Journal, July 23, 1984 |
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Admitted to Practice: |
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New
York |
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California |
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U.S. District Court
for the Southern District of New York
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U.S. District Court for the Eastern District of New York
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U.S. District Court for the Northern District of New York
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U.S. Court of Appeals
for the Second Circuit |
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Pro hac vice in Massachusetts, Minnesota, Maryland, North Carolina and South Dakota
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