Montfort, Healy, McGuire & Salley LLP



Winter 2017 E-Newsletter

Federal Court Decides Two New York Medical Malpractice Cases

Last week, two New York federal judges issued decisions on two medical malpractice cases involving New York Hospitals. In the case of Ongley v. Mount Sinai Health System Inc. district Judge Valerie E. Caprioni granted St. Luke’s-Roosevelt Hospital Center’s motion for summary judgement. The case involved complications following an abdominal surgery of an 85 year old man. On the same day, federal judge Paul E. Davison approved a settlement in the case of J.K. v. U.S. against St. Luke’s Cornwall Hospital after a plaintiff brought suit for improper prenatal care given by the staff.

The case of Ongley was commenced after an 85 year-old man, George Ongley, suffered damage to nerves in the upper shoulder area after undergoing abdominal aortic repair surgery at St. Luke’s Cornwall Hospital. The medical expert in the case testified that there were numerous factors that could have lead to the injury that Mr. Ongley suffered. In assessing the evidence, the judge found there was no “reasonable degree of medical certainty” that the doctor’s actions lead to his injury. The judge found the arguments to be speculative and not properly linked to the injury suffered by Mr. Ongley. In the 11-page decision judge Caprioni rejected Mr. Ongley’s arguments that the doctor’s improper transfer of his body from the operating table to a gurney were the cause of his injuries. Because the judge was unable to find any deviation from the standard of care in his transfer, the hospital’s motion for summary judgment was granted.

In the case of J.K. v. U.S. the parties agreed on, and Judge Davison signed off on, a 2.7 million dollar settlement to resolve their medical malpractice suit. The case was commenced by Aislinn Kennedy on behalf of her son, referred to in the court documents as J.K, who suffered physical and mental disabilities due to what they alleged as improper prenatal care of the doctors employed by St. Luke’s Cornwall Hospital; a federally funded health care provider. The complaint alleged that the doctors and nurses of the facility failed to determine that the Plaintiff was in premature labor and discharged her in consecutive days. After the second discharge, the Plaintiff gave birth to her son on her bathroom floor. The son now suffers from numerous permanent ailments including chronic lung disease and cognitive disabilities. Under the deal, 1.36 million will be attributed to the child’s future medical expenses, and the remainder will be paid to the family.

Each day, healthcare professionals carry out their jobs with the knowledge that the procedures they perform may not go as planned. When risk becomes reality, victims and their families often look for someone to blame. Aggressive medical malpractice defense may be the only way to save a career from destruction. At Montfort, Healy, McGuire & Salley LLP, we provide medical malpractice defense to medical professionals, hospitals and insurance companies throughout the New York City metropolitan area and across the nation. To discuss options for medical malpractice defense, contact us at (800)-240-4082, or fill out our contact form here.

Download Our Brochure

Download Our Brochure

Connect With Us


Practice Areas

Product Liability

Construction and Industrial Accidents

Professional Liability Claims

Insurance Coverage

Federal Civil Rights Claims

Personal Injury Claims Arising Out of Motor Vehicle Accidents

Homeowners' Claims

Commercial Premises Personal Injury Claims

Medical Malpractice

Hospital Liability Administrative Law

840 Franklin Avenue  |  P.O. Box 7677  |  Garden City, NY 11530-7677

New York Attorney Advertising: This e-newsletter is designed for general information only. The information presented in this e-newsletter should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome. Downstate New York Defense Attorney Garden City, Long Island.

© 2017 by Montfort, Healy, McGuire & Salley LLP. All rights reserved. Disclaimer
This email is designed and developed by The Public Relations and Marketing Group.