Finz & Finz, P.C. Wins Motion Dismissing Defendants’ Appeal of a Seven Figure Medical Malpractice Verdict Image

Finz & Finz, P.C. Wins Motion Dismissing Defendants’ Appeal of a Seven Figure Medical Malpractice Verdict

March 03, 2015 | Finz & Finz, P.C.

After a two-week trial, Finz & Finz, P.C. obtained a seven figure verdict on behalf of a client who was injured as a result of medical malpractice that occurred during the course of a cardiac catheterization procedure. 

The Defendants who were a doctor and the facility where the procedure was performed filed a notice of appeal, seeking to set aside the entire verdict as against the weight of the credible evidence.  Defendants also filed motions with the trial court to set aside the verdict.

The trial court denied defendants motion to set aside the verdict and reduced the amount of the verdict to comport with the case law on damages. Thereafter, defendants filed a further appeal of the trial court order.

During the period of time that the defendants were required to perfect the appeal they filed a motion with the Appellate Division, first department to request further time to submit their appellate brief and record on appeal. Our firm opposed the motion to enlarge the time for defendants to perfect their appeal and cross-moved to dismiss the appeal due to defendants delay.

The New York Appellate Division, first department, after reading the motion submitted by Joshua B. Sandberg of Finz & Finz, P.C., dismissed defendants appeal.

The verdict with interest is over one million dollars.

 

Additional Info: Medical Malpractice

Tags: Medical Malpractice, Cardiac Catherization, Appeal, Appellate Division, Trial Court

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