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Marshall L. Schwartz obtained a defense verdict in favor of an orthopaedic surgeon following a six day trial in Montgomery County. The plaintiffs alleged that the orthopaedic surgeon breached the standard of care by failing to diagnose the plaintiff-husband as...

Defense Verdict on Behalf of Cardiologist in Philadelphia County

Michael O. Pitt obtained a defense verdict in favor of a cardiologist in Philadelphia County. Plaintiff's decedent presented to the emergency room with chest pain and shortness of breath. A cardiology consultation was requested and at the time of the examination by...

Declaratory Judgment for Insurance Company

Anthony P. DeMichele obtained a declaratory judgment for an insurance company in a coverage dispute involving its insureds. The insureds, an attorney and his law firm, were sued in two separate state court actions based upon their involvement in gold futures...

Defense Verdict In Favor of Hospital in Montgomery County

Dan Ryan and Carolyn Bohmueller secured a defense verdict in favor of a hospital following a six day jury trial in Montgomery County, Pennsylvania. The plaintiff, a prominent local celebrity, alleged that a hematologist/oncologist failed to properly diagnose her rare...

Defense Verdict for Office Products Company

Anthony P. DeMichele, along with co-counsel, Domenick Carmagnola of Carmagnola & Ritardi, LLC in Morristown, New Jersey, obtained a defense verdict for a closely held office products company and its chief executive officer in a breach of contract and conversion...

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Legal News

Judge Emphasizes Confidentiality Provision in Peer Review Protection Act

A Court of Common Pleas judge in Monroe County granted a hospital’s protective order in part, holding that Plaintiffs may inquire about statements made by a medical quality officer to a patient concerning inconclusive results from peer-review...

District Court Dismisses “Failure to Warn” Claim Against Pharmaceutical Company

The United States District Court for the Middle District of Pennsylvania recently dismissed a “failure to warn” case against a drug manufacturer, holding that the manufacturer was not required to provide physicians with detailed instructions about the monitoring of...

Court Denies Appeal Related to Failure to Maintain Medical Records

In an opinion filed June 11, 2013, a three judge panel of the Commonwealth Court of Pennsylvania affirmed the State Board of Medicine's imposition of civil penalties upon a physician for failure to maintain medical records as required by the Medical Practice Act of...

US Court of Appeals for the Second Circuit Rules FDA’s Ban on Off-Label Marketing of Drugs Violates First Amendment’s Guarantee of Free Speech

In US v. Caronia, 703 F. 3d 149 (2d Cir. 2012), a pharmaceutical sales representative, Alfred Caronia, appealed a judgment of the United States District Court for the Eastern District of New York, which convicted him of conspiracy to introduce a misbranded...

Modified Version of “Benevolent Gesture” Statute Passed by PA Senate

Following a hearing last month, the Pennsylvania Senate has passed the Benevolent Gesture Medical Professional Liability Act. Under the Act, statements and acts of contrition by healthcare providers, if made prior to the initiation of medical malpractice...

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Community

Fun and Photos from the 2013 Arthritis Walk at FDR Park

O’Brien & Ryan, LLP sponsored the 2013 Philadelphia Arthritis Walk at FDR Park with games, prizes and bananas! We were honored to have the opportuntity to support this great cause.

Carolyn Bohmueller is Faculty for PA Bar Institute Program

On March 21, 2013, Carolyn Bohmueller was part of the faculty for the Pennsylvania Bar Institute CLE, Medical Malpractice Update, held in Philadelphia, PA.

Heather Hansen is Faculty for Med Mal Summit

On March 14-15, 2013, Heather Hansen was part of the faculty for Brain Injury Claims & Litigation, part of the American Conference Institute’s 2nd Annual Summit for Med Mal and Other Personal Injury Leaders, held at The Union League in Philadelphia, PA.

Heather Hansen is Part of Faculty at DUCOM Grand Rounds

On February 6, 2013, Heather Hansen was part of the faculty for Medical Malpractice and Electronic Medical Records at Drexel University College of Medicine’s Grand Rounds in Philadelphia, PA.

Anthony P. DeMichele Serves as Panelist at Long-Term Care Litigation Conference

Anthony P. DeMichele served as a panelist for Comprehensive State Law Breakdown for Long Term Care Litigation Hotbeds, part of the American Conference Institute’s 3rd Annual Long Term Care Litigation Conference on January 24, 2013 in Miami, Florida.

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