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Verdicts And Settlements

2023

Otsego County Supreme Court/ Hon. John F. Lambert/ Defense Verdict – This medical malpractice and wrongful death case involved an alleged failure to properly administer anticoagulant medications to an elderly woman with newly diagnosed atrial fibrillation. The plaintiff claimed that the defendant hospital administered too much anticoagulant to the decedent, and failed to properly monitor her blood work, which resulted in blood loss and a hematoma. The plaintiff further alleged that as a result of the blood loss, the decedent became hypotensive and went into kidney failure, resulting in her death ten days later. After twenty-four minutes of deliberations, the Jury returned a unanimous defense verdict.
St. Lawrence Supreme Court/Hon. John T. Ellis/Defense Verdict – During the last week of March 2023, this dental malpractice case was defended by Terence P. O’Connor in St. Lawrence County Supreme Court before the Hon. John T. Ellis. The allegations revolved around a surgical procedure which occurred on 3/4/20 (third molar surgery). Plaintiffs’ complaint included numerous allegations, however the gravamen of the claim was that defendant oral surgeon negligently perforated the lingual plate, partially transecting the lingual nerve. By way of damages, subsequent to the procedure in question, the plaintiff underwent microneurosurgery in an attempt to reconnect the lingual nerve. Ultimately, the plaintiff alleged that the subsequent surgical repair was unsuccessful and he was left with chronic pain syndrome throughout his face and lower jaw. Plaintiff was seeking monetary damages for pain and suffering, past and future medical expenses and lost wages. His wife had a separate claim for loss of consortium. It was the defendant’s contention that the surgical procedure was performed in accordance with good and accepted practices in the field of oral surgery and that the complication was a recognized complication of the procedure. The case was tried for 5 days and included the expert testimony of 6 separate oral surgeons/physicians. The last demand was $500,000. After 2 hours of deliberations, the jury unanimously found in favor of the defendant, dismissing the complaint.
Fulton County Supreme Court/ Hon Rebecca A. Slezak / Index No. EF2015-04014/ Defense verdict/ Premises Liability / Alleged failure to remedy melt/refreeze condition. Defense contended that property manager and snow plow contractor did not violate any duty to plaintiff. Jury deliberated for 3 hours and rendered a defense verdict.
Westchester County Supreme Court/Hon. Lewis J. Lubell/Index No. 55412/2015/Defense Verdict/Medical Malpractice Defense/Alleged that primary care physician and medical practice failed to recognize signs and symptoms of active myopericarditis and failed to direct plaintiff to the hospital where close monitoring would be conducted, further diagnostic testing performed, and cardiac and infectious disease consultations obtained, which would have resulted in earlier treatment and likely would have prevented or significantly diminished the cascade of tragic injuries the young plaintiff sustained including multiple amputations. Defense argued that plaintiff developed fulminant myocarditis the following day, which was not diagnosable the previous day; that the fulminant myocarditis could not have been prevented; and earlier administration of medications would not have altered plaintiff’s course, given the stage of plaintiff’s illness and that there were no medications curative of either the illness causing the myocarditis or the myocarditis itself, only supportive therapies. Jury deliberated for 2 hours and rendered a defense verdict.

2021

Schenectady County Supreme Court/Hon. Mark L. Powers/Defense Verdict/Medical Malpractice – This case involved a wrongful death claim where decedent’s estate alleged that the defendant cardiologist was negligent in clearing the patient for bariatric surgery. Specifically, it was alleged that defendant was negligent as follows: failed to properly workup decedent; failed to order appropriate diagnostic studies; failed to consult with other specialists prior to clearing the patient for surgery; and failed to appropriately consider decedent’s past medical history along with past diagnostic studies including previous cardiological tests and evaluations. Defendant argued that the workup was appropriate, thorough and met the standard of care. The defense further argued that the cause of death was unrelated to decedent’s cardiac condition. The last demand was $800,000. No offers were made. During the course of the trial, 5 separate experts testified as to the issues of standard of care and causation. After a week and a half of trial and approximately 4 hours of deliberations, the jury returned a unanimous verdict in favor of defendant doctor. No appeals were taken.

2019

Columbia County Supreme Court/Hon. Richard Mott/Index No. 10538/Defense Verdict – premises liability- allegedly defective delivery ramp.
2/25/2019- Ulster County Supreme/ Hon. Christopher Cahill/ Index #14-3676/ dental malpractice case dismissed after opening statements

2018

02/23/18 – Columbia Supreme/Hon. Richard Mott/Index 2011-2289/defense verdict/wrongful imprisonment-psychiatric malpractice case

2017

04/17/17 – Albany Supreme/Hon. Christina Ryba/Index A00106/2014; tractor trailer accident/settled after 2 plus weeks of trial.
05/17/17 – Saratoga Supreme/Hon. Robert J. Chauvin; Index 2014-2713/defense verdict/medical malpractice.
8/25/2017- Albany County Supreme/ Hon. Roger McDonough/ Index #4555-14/defense jury verdict, oral surgery
10/22/17 – Jefferson Supreme/Hon. James P. McClusky; Index 2014-382; defense verdict/medical malpractice.
12/07/17 – Sullivan Supreme/Hon. Stephan Schick/Index 2014-2020/defense verdict/medical malpractice.

2016

02/08/16 – Albany Supreme/Hon. Kimberly A. O’Connor; Index A00489/2013; defense verdict/dental malpractice – oral surgery – defense verdict

2013

09/2013 – Montgomery County Supreme Court/Hon. Joseph Sise/defense verdict/automobile accident defense
12/2013 – Dutchess County Supreme Court/Hon. Maria Rosa/defense verdict/dental malpractice defense

2011

02/2011 – Orange Supreme/Hon. Joseph G. Owen/dental malpractice defense verdict/oral surgery.
06/2011 – Saratoga Supreme/Hon. Thomas D. Nolan/medical malpractice defense verdict/emergency room medicine case.
09/2011 – Hon. Patrick NeMoyer/medical malpractice defense verdict/eye surgery case.

2010

06/2010 – Schenectady Supreme/Hon. Vincent J. Reilly, Jr./medical malpractice defense verdict/oral surgery.
09/2010 – Saratoga Supreme/Hon. Thomas D. Nolan/medical malpractice defense verdict/wrongful death/emergency room medicine case.

2009

11/2009 -Onondaga Supreme/Deborah H. Karalunas/medical malpractice defense verdict/gynecologic surgery case.

2008

04/2008 – Albany Supreme/Hon. Thomas J. McNamara/medical malpractice defense verdict/emergency room medicine case/neurologic/stroke.

2007

10/2007 – Schenectady Supreme/Hon. Richard C. Giardino/medical malpractice defense verdict/laparoscopic surgery.

2006

12/4/06 – Rensselaer Supreme/Hon. Joseph F. Teresi – represented defendants – defense verdict – neurosurgical surgical.
10/10/06 – Schenectady Supreme/Judge Richard Giardano – represented defendant – defense verdict – surgical/medical malpractice.
6/19/06 – Albany Supreme/Judge William E. McCarthy – represented defendant – awarded by jury for past pain and suffering – oral surgery/dental malpractice.
3/6/06 – Schenectady Supreme/Judge Barry D. Kramer – represented defendant defense verdict – oral surgery/dental malpractice.
2/7/06 – Delaware Supreme/Hon. Michael Coccoma – represented defendant – defense verdict – surgical/medical malpractice.

2005

7/18/05 – Fulton Supreme/Judge Joseph M. Sise – represented defendant – settled prior to verdict – failure to diagnose/medical malpractice.
4/25/05 – Dutchess Supreme/Judge Thomas J. Dolan – represented defendant – defense verdict – dental malpractice.
4/11/05 – Greene County/Judge George J. Pulver – represented defendant – settled prior to verdict.

2004

11/29/04 – Dutchess Supreme/Judge James D. Pagones – represented defendant – discontinued after jury selection – dental malpractice.
10/25/04 – Sullivan Supreme/Judge Nicholas A. Clemente – represented defendant – settled during jury selection – dental malpractice.
2/9/04 -Montgomery Supreme/Judge Robert P. Best – case settled prior to verdict – medical malpractice.

2003

10/20/03 – Albany Supreme/Judge Bernard J. Malone – dismissed after plaintiff’s proof – medical malpractice.
8/25/03 – Warren Supreme/Judge Richard T. Aulisi – represented defendant – defense verdict – dental malpractice.
7/28/03 – Fulton Supreme/Judge Felix J. Catena – represented defendant – defense verdict – dental malpractice.
1/21/03 – Schenectady Supreme/Judge Vincent J. Reilly – represented defendant – defense verdict – failure to diagnose/medical malpractice.

2002

12/2/02 – Ulster Supreme/Judge Thomas Spargo – represented defendant – settled after several weeks of trial – birth trauma/medical malpractice.
10/15/02 – Broome Supreme/Judge Walter J. Relihan – represented defendant – plaintiff discontinued after close of plaintiff’s proof – failure to diagnose/medical malpractice.
3/4/02 – Fulton Supreme/Judge Robert P. Best – represented defendant – case discontinued prior to verdict – medical malpractice.
1/31/02 – Rensselaer Supreme/Judge James B. Canfield – represented defendant – medical malpractice.

2001

7/27/01 – Columbia Supreme/Judge John Fromer – represented defendant – defense verdict – falldown.
6/15/01 – Montgomery Supreme/Judge Sise – represented defendant – settled before verdict – medical malpractice.
2/26/01 – Schenectady Supreme/Judge Lynch – represented defendant – settled during trial – medical malpractice.
1/24/01 – Saratoga Supreme/Judge Williams – represented defendant- discontinued as against client before going to the jury – medical malpractice.

2000

9/26/00 – Fulton Supreme/Judge Sise – represented defendant – defense verdict – falldown. 9/11/00 – Dutchess Supreme/Judge Hillery – represented defendant – defense verdict – dental malpractice.
6/19/00 – Montgomery Supreme/Judge Brown – represented defendant – medical malpractice.
6/13/00 – Greene Supreme – represented defendant – case settled prior to verdict – medical malpractice.
3/6/00 – Orange Supreme/Judge Berry – represented defendant – case settled prior to trial – medical malpractice.
1/12/00 – Albany Supreme – Bench trial.

1999

10/12/99 -Albany Supreme/Judge Malone – represented defendant – settled prior to verdict – medical malpractice.
9/21/99 – Orange Supreme – represented defendant – case settled prior to verdict.
7/26/99 – Rensselaer Supreme/Judge McNamara – represented defendant – medical malpractice – defense verdict.
3/22/99 – Albany Supreme/Judge Teresi – represented defendant – defense verdict – medical malpractice.
2/1/99 – Schenectady Supreme/Judge Kramer

1998

10/19/98 – Albany Supreme/Judge Keegan – represented defendant – case dismissed.
9/14/98 – Saratoga Supreme/Judge Williams – represented defendant – case dismissed – medical malpractice.
6/22/98 – Rensselaer Supreme – represented defendant – defense verdict – medical malpractice.
4/20/98 – Albany Supreme/Judge Grafeo – represented defendant – medical malpractice.
3/9/98 -Judge Joseph Teresi/Albany Supreme – represented defendant – settled prior to trial – medical malpractice.
2/23/98 – Judge Ferradino/Fulton Supreme – represented defendant.
1/7/98 – Orange Supreme/Judge Peter Patsalos – represented defendant – defense verdict.

1997

9/4/97 – Warren Supreme/John G. Dier – represented defendant – failure to diagnose – defendant verdict – medical malpractice.

1996

9/23/96 – Albany Supreme/Judge Keegan – represented defendant – medical malpractice/wrongful death – defense verdict.
6/11/96 – Rensselaer Supreme/Judge Teresi – falldown – defense verdict.
3/4/96 – Saratoga Supreme/Judge William Keniry – represented defendant – case settled prior to verdict.
1/8/96 – Saratoga Supreme/Judge Frank B. Williams – represented defendant – defense verdict – medical malpractice/wrongful death.

1995

11/13/95 – Columbia Supreme – represented defendant – case settled prior to verdict.
11/6/95 – Rensselaer Supreme – represented defendant – case settled prior to verdict.
10/10/95 – Rensselaer Supreme/Judge James B. Canfield – represented defendant – defense verdict – auto accident.
7/18/95 – Clinton Supreme/Judge Dawson – represented defendant – defense verdict.
4/10/95 – Columbia Supreme/Judge Connor
2/13/95 – USDC NDNY/Magistrate Ralph W. Smith, Jr. – represented defendant – defense verdict – auto accident/wrongful death.

1994

9/21/94 – Orange Supreme/Judge Owen represented defendant – defense verdict.

1993

7/6/93 – Saratoga Supreme/Judge Dominick J. Viscardi – represented defendant – defense verdict – – medical malpractice.
1/28/93 – Schenectady Supreme/Judge John J. Mycek – represented defendant – defense verdict – medical malpractice.

1992

12/18/92 – Schenectady Supreme/Judge Robert F. Doran – represented defendant – defense verdict – medical malpractice.
5/18/92 – Columbia Supreme/Hon. John G. Connor – represented defendant – case settled prior to verdict medical malpractice.
4/27/92 – Albany Supreme – case settled prior to verdict.

1991

12/9/91 – Albany Supreme/Hon. Harold J. Hughes – snowmobile accident – represented defendant – defense verdict.
6/20/91 – Schenectady Supreme/Judge John M. Mycek – represented defendant – defense verdict.
2/11/91 – Schenectady Supreme – Trial

1990

11/7/90 – Schenectady Supreme/Judge Robert E. Lynch – represented defendant – defense verdict.
10/2/90 – represented defendant – verdict was less than 50 percent of the offer – automobile accident.
9/17/90 – Greene Supreme – represented defendant – defense verdict – automobile accident.
6/11/90 – Albany Supreme/Judge Joseph Harris- represented defendant – defense verdict – case involved allegations of surgical malpractice.
4/23/90 – United States District Court, Northern District of New York – represented defendant.
4/9/90 – premises liability claim – represented defendant – case settle prior to verdict.
3/5/90 – Schenectady Supreme/Hon. Robert Doran – represented defendant – case settled prior to verdict – alleged orthopedic malpractice.

In addition to the foregoing, Terence P. O’Connor has tried numerous administrative hearings to conclusion in front of the Office for Professional Medical Conduct. Moreover, Terry has tried various other jury and non-jury trials in the lesser courts (county, city and town courts). Finally, Terry has also handled numerous Federal Court mediations, arbitrations and early neutral evaluations representing litigations and also serving as a mediator/arbitrator.