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Trial Results

1993-1999

November 1999

Allegedly improper breast augmentation and infection necessitating additional surgeries; failure to obtain informed consent.

Mr. Gerspach successfully defended a plastic and reconstructive surgeon against claims he improperly performed a breast augmentation, failed to properly treat a post-operative hematoma and infection, subjected the plaintiff to unnecessary remedial surgeries, and failed to obtain the plaintiff's informed consent for these procedures. Despite plaintiff's insistence that her name was forged on the consent forms, Mr. Gerspach was able to obtain a defense verdict on the informed consent and standard of care issues by explaining to the jury that the plaintiff's unfortunate course was comprised of known risks and complications of breast augmentation surgery.


October 1999

Otolaryngologist's alleged failure to diagnose naso-pharyngeal tumor resulting in loss of eye; incorrect diagnosis of nasal polyp.

In the Supreme Court, Queens County , Mr. Gerspach successfully defended an otolaryngologist at trial against allegations that he negligently failed to diagnose a naso-pharyngeal tumor, and instead misdiagnosed it as a simple nasal polyp. Plaintiff alleged that the physician's failure to refer her for a CAT scan or x-ray imaging permitted the tumor to spread and necessitated removal of her eye. Although the doctor did not have any office notes regarding the plaintiff's first office visit, Mr. Gerspach convinced the jury that the diagnosis of a polyp was reasonable given the characteristics of the tumor. He also proved that the care rendered, steroid treatment, appeared effective and thereby supported the diagnosis of nasal polyps.


December 1998

Allegedly negligent carpal tunnel release with Bier block (regional anesthesia).

Mr. Gerspach successfully defended an orthopedic hand surgeon and an anesthesiologist at trial who were alleged to have caused total disability of the plaintiff's right hand following the use of a Bier block in connection with a carpal tunnel release. A Bier block is a regional anesthesia in which a tourniquet is applied to the upper arm and Lidocaine is injected. Plaintiff' alleged the tourniquet was contraindicated due to her pre-existing ulnar nerve injury and caused permanent disability. Defense experts were utilized to establish the propriety of a Bier block and the defendant's proper execution of it. The jury returned a defense verdict in 6 hours.


June 1998

Alleged misdiagnosis of pelvic inflammatory disease; failure to diagnose endometriosis, necessitating eleven laparoscopies and infertility in 23 year old. Plaintiff's subsequent treating Ob/Gyn acted as plaintiff's expert on liability and damages.

Plaintiff, a 23 year old patient of Mr. Gerspach's client, an obstetrician/gynecologist, alleged a failure to diagnose endometriosis. Mr. Gerspach's client diagnosed the plaintiff with pelvic inflammatory disease and treated her accordingly for 6 months. After this time, another Ob/Gyn (plaintiff's expert witness at trial) diagnosed the plaintiff with endometriosis and performed 11 laser laparoscopies to treat the condition. Mr. Gerspach obtained a defense verdict, in part, by establishing that the plaintiff's expert Ob/Gyn failed to confirm his diagnosis of endometriosis via biopsy, a practice that he had admitted in a prior lawsuit constituted a deviation from accepted medical practice.


April 1998

Erb's palsy (brachial plexus injury): successful defense of delivering obstetrician.

Mr. Gerspach successfully defended an obstetrician/gynecologist who was accused of using excessive force causing a brachial plexus injury (Erb's palsy) by employing excessive traction to the infant's head during vaginal delivery. The parents of the 11 pound infant also alleged that they should have been given the option of a Caesarean section. Immediately following the delivery, the infant was noted to have a limp right arm by the defendant Ob/Gyn. Mr. Gerspach was able to persuade the jury that his client was faced with an emergency when the infant's shoulders became stuck and that he utilized recognized maneuvers in delivering the infant.


January 1998

Alleged failure to diagnose ectopic (tubal) pregnancy, with rupture resulting in infertility.

In the Supreme Court, New York County , Mr. Gerspach successfully defended an obstetrician/gynecologist against allegations he failed to timely diagnose and properly treat an ectopic (tubal) pregnancy with subsequent rupture. The 32 year old plaintiff had presented with a history of heavy bleeding. The Ob/Gyn diagnosed an incomplete abortion and recommended and performed a dilation and curettage (D&C) procedure. Plaintiff claimed that the D&C was unnecessary, and that a sonogram should have been performed. The jury, after inquiring of the Court whether they could award damages to the defendant, returned a verdict in favor of the defendant in one hour.


August 1997

Cardiologist's alleged failure to diagnose and prevent impending myocardial infarction (MI) in 36 year old.

In the Supreme Court, Kings County , Mr. Gerspach successfully defended an internist against allegations he was negligent in failing to prevent a myocardial infarction. The overweight, 36 year old plaintiff presented to the internist's office complaining of shortness of breath, fatigue and sweating with exertion. The plaintiff also suffered from hypertension, high cholesterol, EKG abnormalities and a family history of coronary artery disease. The internist recommended lifestyle change, exercise and diet modifications. 6 weeks later the plaintiff suffered a massive heart attack that rendered him permanently disabled. 1 hour after beginning deliberations, the jury returned a defense verdict.


June 1997

Jury finds surgeon, a convicted felon, not liable for alleged failure to diagnose appendicitis with rupture, peritonitis, loss of bowel and short bowel syndrome.

Mr. Gerspach obtained a defense verdict on behalf of an attending surgeon who was alleged to have negligently failed to diagnose a ruptured appendix, with resultant peritonitis, loss of several feet of bowel and short bowel syndrome. Plaintiff alleged the delay in performing a CT scan and exploratory laparotomy until the 10th day of her admission was inexcusable. Plaintiff also sued her family practitioner for failing to perform a proper examination and failing to diagnose appendicitis. Although the jury awarded the plaintiff $1.8 million as against the family practitioner, Mr. Gerspach obtained a directed verdict for the attending surgeon. He obtained this result despite the fact that his client was incarcerated at the time of trial following a conviction on felony charges. His release from prison to testify at trial was procured via subpoena by plaintiff's counsel.


March 1994

Ob/Gyn's alleged failure to diagnose ovarian cancer; alleged misdiagnosis of corpus luteum (functional) cyst.

In the Supreme Court, Kings County, Mr. Gerspach successfully defended an obstetrician/gynecologist against claims she failed to diagnose ovarian cancer. The 43 year old plaintiff initially presented with complaints of nausea, diarrhea, pelvic pain, urinary frequency and fever. On physical examination, the Ob/Gyn found a slightly enlarged left ovary, which she attributed to a corpus luteum cyst. 9 months later, when the plaintiff again returned, a left ovarian tumor was diagnosed. Plaintiff underwent a total abdominal hysterectomy, removal of both fallopian tubes and radiation therapy. Through expert testimony, Mr. Gerspach established that the physician's first examination was normal; that the tumor was a Stage I, poorly differentiated carcinoma, a very aggressive type of cancer; and that the cancer was not present during the first presentation to the defendant. The jury returned a defense verdict in 2.5 hours.


July 1993

Defense of hospital and student therapist for inadequate supervision resulting in hip fracture in 77 year old.

Mr. Gerspach successfully defended a hospital and its student therapist from allegations of negligence after a 77 year old patient undergoing rehabilitative ambulation therapy fell and sustained a fracture of the left hip requiring surgery. At the time of the fall, the plaintiff was being monitored by a student therapist who did not provide "contact guarding" (hands on support) when she walked. The defense argued that for several days prior to the fall, the plaintiff was progressing from "contact guarding" to ambulation with supervision and that the student therapist was standing just behind the plaintiff when she fell. Mr. Gerspach pointed to an abrasion on the plaintiff's left ear that was caused by the student therapist's blouse to corroborate the defense. The defense also argued and proved that plaintiff had sustained a spontaneous fracture secondary to osteoporosis. The plaintiff sought $1.2 million in damages. The jury returned a defense verdict in 45 minutes.


February 1993

Otolaryngologist found not liable for alleged negligent nasal reconstruction resulting in saddle nose deformity requiring multiple corrective surgeries (despite having no expert witness for the defense).

Mr. Gerspach successfully defended an otolaryngologist from allegations made by a 32 year old teacher that he caused a severe saddle nose deformity by removing an excessive amount of bone and tissue while performing a nasal reconstruction, requiring five subsequent corrective surgeries and causing permanent nasal congestion and scarring. Despite having no expert witness for the defense, and plaintiff's treating physican's testifying on her behalf, the jury was convinced that the otolaryngologist properly performed the procedure.


April 1992

Internist's alleged failure to diagnose supra epiglottic tumor.

Mr. Gerspach successfully defended an internist from claims that he failed to diagnose a supra epiglottic tumor. The plaintiff, a lifelong cigarette smoker, presented to the internist complaining of an upper respiratory infection and difficulty swallowing solid foods. Seven months later, the tumor was diagnosed by another physician. The plaintiff alleged that if the defendant internist had diagnosed the tumor, conservative treatment would have been effective and he would not have had to undergo a total laryngectomy. Mr. Gerspach persuaded the jury that the plaintiff presented to the internist with an exacerbation of her chronic obstructive pulmonary disease and smoker's cough since his condition improved with medication. After deliberations, the jury found the internist acted reasonably and returned a verdict in favor of the defense.

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