  Defense Verdict - New York Pediatrician Cleared In Brain Damage Case
Kenneth S. Merber obtained a defense verdict in favor of a pediatrician and his partnership after a three week jury trial in the Supreme Court of the State of New York, Nassau County before the Honorable F. Dana Winslow. The plaintiffs alleged that the pediatrician committed malpractice and failed to obtain their informed consent before he prescribed an anti-malaria medication for their son who was 14 years of age at the time. Plaintiffs claimed that as a result of the medication, the infant developed psychosis, depression, an anxiety disorder and other mental illness requiring three separate in-patient psychiatric hospital admissions. Plaintiffs alleged that the infant has been permanently brain damaged as a result of the alleged malpractice and that he will require medical treatment for the remainder of his life.
Breach Of Contract/Professional Liability Lawsuit Against Escrow Agent Dismissed
Kenneth S. Merber obtained summary judgment and dismissal of a breach of contract, negligence and professional liability lawsuit alleged against his client, an escrow agent. The multimillion dollar lawsuit involved a contractual dispute related to the aborted sale of a luxury jet estimated to exceed $23 million. Plaintiffs' claims included breach of contract, breach of the escrow agreement, negligence and professional liability allegations.
Brooklyn Physician Cleared In Alleged Failure To Diagnose Thyroid Cancer Case
Kenneth S. Merber successfully defended a New York physician and obtained a dismissal of the medical malpractice lawsuit filed against her. The plaintiff was diagnosed with thyroid cancer. Plaintiff alleged that Mr. Merber's client failed to take a proper history, failed to perform appropriate physical examinations and failed to order or refer the plaintiff for diagnostic tests resulting in a delay in the diagnosis of the cancer. Plaintiff claimed the delay in diagnosing her condition compromised her chance for treatment and a full recovery.
Self Insured Supermarket/Corporate Landowner Cleared of Negligence Claims
Kenneth S. Merber successfully defended a self-insured national supermarket store in a negligence claim. Plaintiffs alleged that the store and its employees were negligent with respect to their ownership, operation, management, maintenance, supervision and control of their store and property. Plaintiffs alleged numerous significant injuries requiring surgical intervention. Although a co-defendant negotiated a settlement with the plaintiffs, Mr. Merber's clients did not contribute thereto.
Wrongful Death Case Dismissed Against Nationally Known Restaurant Chain
Kenneth S. Merber successfully defended a nationally known restaurant chain in a negligence/wrongful death lawsuit filed in the Supreme Court of the State of New York, Kings County. The plaintiff's estate alleged that Mr. Merber's clients were negligent with respect to their ownership, operation, management, maintenance, supervision and control of their restaurant and that as a result thereof, the deceased plaintiff suffered severe disabling injuries requiring an extensive hospital admission, surgeries and ultimately, death. Mr. Merber proved his clients were not negligent. The case continued against some of the medical malpractice defendants named in the suit.
Product Liability Lawsuit Dismissed
Kenneth S. Merber obtained summary judgment and an order of dismissal of the product liability, Labor Law and negligence claims asserted against his client. The complaint filed in the Supreme Court of the State of New York, Richmond County, alleged that Mr. Merber's clients and several other defendants caused the plaintiff to sustain disabling orthopedic and neurologic crush injuries as a result of a defective light tower. Mr. Merber's client was involved in the emergency response to an oil spill at the time of the alleged incident. The complex litigation involved multiple theories of liability, commercial contract claims and conflicts and choice of law issues.
Labor Law Case Against New York Property Owner Dismissed
Kenneth S. Merber successfully defended a Brooklyn property owner and obtained the dismissal of all claims filed against her. The lawsuit, filed in the Supreme Court of the State of New York, Kings County, alleged numerous violations of New York's Labor Law in addition to claims of general and common law negligence. Mr. Merber proved his client was not negligent and that she did not violate any of the Labor Law provisions relied upon by the claimant. The plaintiff alleged catastrophic injuries including fractures and brain damage.
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