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Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP


The Law Firm of


575 Eighth Avenue, 14th Floor 709 Westchester Avenue New York, New York 10019 White Plains, New York 10604 (212) 541-9100 (914) 946-0400



Firm History and Experience

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP has maintained a longstanding tradition of successfully defending health care providers and medical institutions since its founding nearly 30 years ago. With two fully-staffed offices and two dozen attorneys, we are well armed to provide personalized service in both State and Federal courts throughout New York and New Jersey. Our partners are seasoned, experienced trial and appellate attorneys who have defended the most demanding cases against the most formidable opponents with consistently excellent results. Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP provides services to its clients in a most cost-effective manner by relying upon its years of experience and expertise in the field of medical malpractice defense. We are acutely aware that every dollar spent on verdicts, settlements or legal fees is a dollar not available for patient care, and view ourselves as part of the team committed to promoting quality health care by providing the best and most cost-effective representation of our clients. We have expert trial attorneys who consistently win cases in the most difficult venues as well as talented attorneys pursuing all avenues to evaluate and resolve matters at the earliest possible juncture. We utilize the latest technology and have adept support personnel assuring that our time is economically spent advancing the client’s defense. Naturally, our attorneys are familiar with the local courts and judges and capable of handling several calendar matters simultaneously, avoiding duplication of travel costs and multiple appearances. Our trial attorneys are truly talented litigators and experts in the trial of complex medical malpractice matters including hypoxic ischemic brain injury, Erb’s Palsy, paralysis and wrongful death. Our appellate attorneys are highly skilled writers and researchers who handle not only appeals but also trial applications, post-trial motions and complex motion practice. Every one of our files is carefully analyzed to assess its potential for procedural or legal dismissal, so that our clients are effectively counseled regarding their options at the earliest possible stage. We have consistently delivered favorable outcomes to our clients in the form of defense verdicts, summary dismissal upheld on appeal and favorable settlements.


Our partners provide 24-hour on call legal assistance to hospital administrators and risk management departments and have been called and have responded promptly to numerous emergent matters requiring immediate legal input. We have provided counsel in numerous Office of Professional Medical Conduct and regulatory matters and have also conducted investigations and provided assistance to various hospitals and health care institutions responding to Department of Health Statements of Deficiencies. Our firm includes skilled attorneys experienced in responding to “sentinel events” with detailed staff briefings and comprehensive, confidential analyses. These early investigations enable the client to identify “root cause” factors in the hopes of reducing the risk of such events occurring in the future. In addition to successfully counseling and defending ongoing matters, we have also played a seminal role in trying to educate hospital personnel with an eye toward reducing the number of future lawsuits or regulatory investigations. In connection with our representation of our clients, we have conducted numerous “in-service” lectures and mock trials. Our partners meet and consult with our risk managers on a frequent basis to discuss issues which should be the focus of future in-service presentations or seminars thereby identifying those areas of practice which are most problematic to defend, and where, with improvement, litigation can be limited or more successfully defended. By employing our two-pronged approach - vigorously defending cases once they are brought, and trying to educate personnel to avoid future litigation - Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP helps reduce the cost of litigation to our clients. Our reputation for mounting a strong defense and our willingness to litigate defensible claims forcing plaintiffs’ attorneys to prove their cases has no doubt helped discourage frivolous lawsuits against our clients. We also believe our education of key personnel has helped to reduce the type of avoidable mistakes which foster litigation. Our mission is to support our clients in their delivery of health care by expertise, avoidance of duplicative efforts and the willingness and skill to staunchly defend and try our cases to verdict.


Partner Profiles

RICHARD W. NICHOLSON Mr. Nicholson has been with the firm since 1983, and has been a partner since 1988. He received a Bachelor of Arts degree from Colgate University and a Juris Doctor degree from the St. John's University School of Law. Mr. Nicholson is an expert in the trial of complex medical malpractice matters, including cases involving hypoxic ischemic brain injury and Erb’s Palsy. He has also handled numerous OPMC investigations of individual physicians and counseled hospital clients during the course of Department of Health investigations and other Quality Assurance matters. Mr. Nicholson has been a featured lecturer on videotape for the New York State Medical Society, a regular lecturer to the physicians and nurses of the New York City Health and Hospitals Corporation, and a guest lecturer at the Westchester Community College School of Nursing regarding nursing liability and malpractice. He has also lectured extensively on suit avoidance in the fields of obstetrics and gynecology, surgery and emergency medicine. JOHN J. CORGAN Mr. Corgan has been a member of the firm since 1983. Before that he was a trial attorney with the Law Offices of Anthony L. Schiavetti, Esq., and with the firm of DeBlasio & Meagher. He was also associated with Pfizer, Inc. and their lead outside counsel, Gibson, Dunn & Crutcher, Esqs. in New York City. Mr. Corgan has tried over a hundred cases to verdict in matters of the highest complexity against the most formidable adversaries. He holds a Bachelor of Arts degree from the State University of New York at Stony Brook and Juris Doctor degree from Fordham University School of Law. GERALD D. DiEDWARDS Mr. DiEdwards has been with the firm since 1992, and has been a partner since 1997. Prior to that, he was a partner with Lieber & DiEdwards and an associate with Bower & Gardner. He has extensive trial experience. He received a Bachelors of Arts degree from Fordham University and a Juris Doctor degree from Pace University School of Law.


DAVID W. SISSKIND Mr. Sisskind has been with the firm since 1986, and has been a partner since 1991. He has a Bachelor of Arts degree from the State University of New York at Albany, and a Juris Doctor degree from Brooklyn Law School. Mr. Sisskind is a member of both the New York and New Jersey Bars, New York State Trial Lawyers Association, New Jersey Trial Lawyers, and is a seasoned trial attorney. He has conducted risk management seminars on suit avoidance in the medical profession, as well as seminars regarding loss and suit avoidance in the general liability field. He has written and conducted numerous mock trials for our hospital clients as well as general Liability clients. CARL D. WEINBERG Mr. Weinberg has been with the firm since 1986, and has been a partner since 1989. Before coming to the firm, he was a trial attorney with the firm of Bower & Gardner and served six years as a prosecutor in Florida, where he was appointed Special Prosecutor by Governor Bob Graham. He holds a Bachelor’s degree from Beloit College and a Juris Doctor degree from Case Western Reserve University. ERIC R. MISHARA Mr. Mishara has been with the firm since 1986, and has been a partner since 1995. He received a Bachelor of Arts degree from the University of Vermont and a Juris Doctor degree from New York Law School. Mr. Mishara worked as a Law Clerk for the Honorable Gilbert Ramirez, Supreme Court of the State of New York, Kings County, and was on the Washington, D.C. staff of Silvio O. Conte, a member of the United States House of Representatives. In addition to his extensive trial work, Mr. Mishara has counseled physicians on matters relating to employment and health care related issues. KAREN P. RYAN Ms. Ryan has been associated with the firm since 1994, and became a member in 2004. Prior to coming to the firm, she was a litigator with The Legal Aid Society, Criminal Defense Division, handling felony and misdemeanor cases to verdict. In addition to criminal cases, she has tried cases in the areas of medical malpractice, legal malpractice, construction and automobile accidents. Ms. Ryan graduated with Honors from Fordham University with a Bachelor of Arts degree and earned a Juris Doctor from Pace University.


SAMANTHA E. QUINN Ms. Quinn has been with the firm since 1994, and became a partner in 2005. She has been the managing attorney in the New York office since 2002, and heads the office’s appellate practice. Ms. Quinn has briefed and argued appeals in New York’s highest Court, the Court of Appeals, as well as New York’s First and Second Appellate Departments. Ms. Quinn also handles complex motion practice and has published several articles in risk management periodicals. She has handled Office of Professional Medical Conduct investigations for individual physicians and counseled hospital clients during the course of Department of Health investigations and other Quality Assurance matters. Ms. Quinn has a Bachelor of Arts with Honors in History from Brown University and a Juris Doctor from Boston College Law School. JOHN E. BAROUS Mr. Barous has been with the firm since 2001 and became a partner in 2009. He received a Bachelor of Arts degree from St. John's University and his Juris Doctor degree from New York Law School. He served as a Clerk of the Honorable Budd Goodman, Supreme Court of the State of New York, New York County and was admitted to the United States Supreme Court in April of 2002. Mr. Barous has devoted a large portion of his legal career to the City of New York in either the defense of municipalities against civil lawsuits, as Assistant Counsel for the Mayor's Office of Midtown Enforcement, or as an Agency Attorney III for the New York City Department of Correction. TERRENCE E. DEMPSEY Mr. Dempsey has been with the firm since December 2000 and became partner in 2009. He received a Bachelor of Science in Business Administration from Villanova University in 1989 and a Juris Doctor degree from St. John's University School of Law in 1994. He has worked in the medical malpractice field as well as other areas of personal injury litigation. Prior to coming to the firm, he was in-house counsel to Nationwide Insurance and was a civil litigation associate representing the New York City Police Department PBA.


MAUREEN M. ARCIERO Ms. Arciero joined the firm as a partner in 2009. Prior to that, she was a founding partner in the firm of Benvenuto, Arciero & McAndrew. Ms. Arciero received a Bachelor of Arts from Siena College and her Juris Doctor degree from New York Law School. The focus of her career is the defense of physicians, hospitals and nursing homes in medical malpractice litigation. She has previously served as in-house trial counsel to Physicians’ Reciprocal Insurers and was previously associated with Shaub, Ahmuty, Citrin & Spratt and Bower & Gardner. Ms. Arciero has lectured extensively to the faculty and staff of numerous metropolitan facilities and has served as the faculty speaker at a number of National Conventions for the College of American Pathology. ANGELA M. RIBAUDO Ms. Ribaudo has been with the firm since 2003, and became a partner in 2012. She received a Bachelor of Science degree from St. John’s University and her Juris Doctor degree from City University of New York School of Law. She has briefed and argued appeals in New York’s First and Second Appellate Departments and in the United States Court of Appeals for the Second Circuit. In addition to medical malpractice, she has litigated 42 U.S.C. §1981 and 1983 claims, personal injury and labor law cases. Ms. Ribaudo has counseled physicians before the Office of Professional Medical Conduct, the State of New Jersey Office of the Attorney General and the New Jersey State Board of Medical Examiners on health care related issues. Prior to coming to the firm, Ms. Ribaudo was a contract attorney for the U.S. Department of Interior, Office of the Solicitor. ANTHONY L. SCHIAVETTI – Of Counsel Mr. Schiavetti, a former New York City police officer, has been a member of the legal profession for nearly 50 years. Beginning his legal career in the managing attorney’s office of White & Case, he became a trial attorney with Martin, Clearwater & Bell in 1959. In 1972, he was trial partner at McAloon, Friedman & Schiavetti, and in 1974 he became the attorney of record for the Medical Malpractice Defense Division of Wausau Insurance Company. In 1982, he founded the firm of Schiavetti, Begos & Nicholson, which is now known as Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP. He received a Bachelor of Science degree from Fordham College and a Juris Doctor degree from Fordham University School of Law.


PARTNERS Maureen M. Arciero Richard W. Nicholson John E. Barous Samantha E. Quinn John J. Corgan Angela M. Ribaudo Terrence E. Dempsey Karen P. Ryan Gerald D. DiEdwards David W. Sisskind Eric R. Mishara Carl D. Weinberg

ASSOCIATES

Adam V. Acuff Dena T. Berke Stephanie J. Campbell Ivette De La Cruz Cristina A. Di Maria Joseph Dugan Frank Dumont David M. Javer Robert S. Mancher

Kenneth J. Mastellone Namita K. Mehta Edward R. Nicholson Jessica C. Strout Marco Q. Tedeschi Thomas K. Wittig Victoria L. Vernicek Suhlail C. Villa


Significant Legal Precedents

Alcala v. Soundview Medical Center, 77 A.D.3d 591, 909 N.Y.S.2d 359 (1st Dept. 2010)

(decision denying leave to amend bill of particulars affirmed)

Anderson v. Lamaute & Moise, 306 A.D.2d 232, 761 N.Y.S.2d 87 (2nd Dep’t 2003)

(summary judgment where plaintiff failed to establish proximate cause)

Baptiste v. Harding-Marin, 88 A.D.3d 752, 930 N.Y.S.2d 670, (2nd Dep’t 2011), leave to appeal denied 19 N.Y.3d 808, 950 N.Y.S.2d 106 (2012)

(affirmed lower court decision dismissing action as untimely based upon failure to establish continuous course of treatment)

Beltrez v. Chambliss, 68 A.D.3d 681, 890 N.Y.S.2d 825 (1st Dept. 2009)

(dismissal of plaintiff’s case affirmed)

Benjamin v. Holder, 204 Fed. Appx. 979 (2nd Cir. 2006)

(summary judgment of plaintiff prisoner’s §1983 claim affirmed)

Berkowitz v. Gillen, Supreme New York Index # 128445/95 (2000)

($315,000 verdict for pain and suffering following breast reduction reduced to $245,000 during pendency of post-trial motion)

Brinkman v. Davis, Supreme Suffolk Index #1097/99 (2009)

(affirming defense verdict of claim of alleged negligence in performance of spinal surgery)

Bronx Lebanon Hospital Center v. Wiznia, 284 A.D.2d 265, 726 N.Y.S.2d 847 (1st Dep’t 2001)

(summary judgment affirmed as to liability on employment law claims)

Burke v. Beyer, 100 A.D.3d 425, 953 N.Y.S.2d 207 (1st Dep’t 2012)

(affirmed summary judgment for defense in claim of failure to appropriately treat acute renal failure and diabetic ketocacidosis resulting in death)

Carman v. Abter, 751 N.Y.S.2d 483, 2002 N.Y. Slip Op. 09557 (1st Dep’t 2002)


(Medical malpractice; summary judgment properly granted)

Chiu-Caranese v. DeMeo, 2 A.D.3d 766, 769 N.Y.S.2d 729 (2nd Dept. 2003)

(affirming jury defense verdict; court properly allowed testimony of defense expert based on notice in 3101(d))

Cordero v. Kaiser Organization, Inc., 288 A.D.2d 424, 733 N.Y.S.2d 234 (2nd Dep’t 2001)

(Labor Law §241(6) claim correctly dismissed)

Crucen v. Leary, 55 A.D.3d 510, 867 N.Y.S.2d 49 (1st Dept. 2008)

(malpractice case properly dismissed for failure to comply with requirements of National Childhood Vaccine Injury Act)

Dweck v. Bridge Transportation, 12 A.D. 3d 560, 786 N.Y.S.2d 189 (2nd Dep’t 2004)

(summary judgment precluded in property damage and subrogation action)

Fontanez v. Lazarus, et al, 68 A.D.3d 558, 889 N.Y.S.2d 844 (1st Dept. 2009)

(affirmed lower court’s decision to vacate award of summary judgment to defendant)

Gilroy v. McCarthy, 678 N.Y.S.2d 644, 678 N.Y.S.2d 644 (2nd Dep’t 1998)

(waiver of physician-patient privilege properly found where plaintiff disclosed family history at deposition)

Harford v. Hippolyte, Supreme Kings Index #32282/06 (2009)

($2,200,000 verdict for Erb’s Palsy settled for $1,350,000 during pendency of post-trial motion)

Jurado v. Kalache, 93 A.D.3d 759 (2nd Dept. 2012)

(reversed court below and granted motion to strike second supplemental bill of particulars improperly alleging prejudicial and unfounded statutory violations)

Liew v. New York University Medical Center, 55 A.D.3d 566, 865 N.Y.S.2d 278 (2nd Dept. 2008)

(denial of disclosure of non-party organ donor’s records in subsequent malpractice litigation affirmed)

Mathews v. Bank of America,

(denied defendants' summary judgment motion and sua sponte granted summary judgment as to plaintiff)


Muzio v. Napolitano, 82 A.D.3d 947, 919 N.Y.S.2d 64 (2nd Dep’t 2011)

(reversal of order denying plaintiff an order of protection for HIPAA information)

O’Neill v St. Vincent’s Medical Center of Richmond, Supreme Richmond Index # 11283/02

($1,000,000 verdict for pain and suffering for wrongful death from pulmonary embolism settled for $800,000 during pendency of post-trial motion)

Peterson v. Stratford, 677 N.Y.S.2d 492, 677 N.Y.S.2d 492 (2nd Dept. 1998)

(protective order granted with respect to questions seeking privileged information)

Pichardo v. Herrera-Acevedo, 77 A.D.3d 641, 908 N.Y.S.2d 446 (2nd Dept. 2010)

(decision denying summary judgment reversed; case dismissed; affirmed on re-argument and leave to appeal denied)

Pol v. Tabaddor, 51 A.D.3d 430, 857 N.Y.S.2d 102 (1st Dept. 2008)

(affirming trial court’s granting of judgment notwithstanding the verdict of a $9,792,412 verdict against neurosurgeon where plaintiff failed to establish proximate cause)

Prato v. Arzt, 79 A.D.3d 622, 912 N.Y.S.2d 881 (1st Dept. 2010)

(decision denying motion to change venue affirmed)

Quinones v. Waltz, 685 N.Y.S.2D 726, 685 N.Y.S.2d 726 1846 (1st Dept. 1999)

(medical malpractice and products liability; partial summary judgment properly granted)

Ramirez v. Cruz, 92 A.D.3d 533, 938 N.Y.S.2d 540 (1st Dep’t 2012)

(affirming summary judgment of failure to diagnose cancer)

Rivera v. Greenstein, 79 A.D.3d 564, 914 N.Y.S.2d 94 (1st Dept. 2010)

(judgment notwithstanding verdict granted; $3,000,000 verdict dismissed; affirmed on re-argument and leave denied)

Rosenman v. Shrestha, 48 A.D.3d 781, 852 N.Y.S.2d 378 (2nd Dept. 2008)

(denial of summary judgment affirmed)

Santiago v. Nyack Hospital, 68 A.D.3d 845, 889 N.Y.S.2d 494 (2nd Dept. 2009)


(order denying request for dismissal affirmed)

Scalisi v. Oberlander, 96 A.D.3d 106, 943 N.Y.S.2d 23 (1st Dept. 2012)

(issues of fact precluded summary judgment)

Sedita v. Salvatore, Queens County Index #26692/05 (2008)

(Evidence sufficient to support jury’s verdict in alleged negligent diagnosis of Crohn’s Disease Case)

Shirinova v. New York City Health and Hospitals Corporation, 34 A.D.3d 442, 824 N.Y.S.2d 137 (2nd Dept. 2006)

(defendants’ expert disclosure sufficient to satisfy requirements of CPLR §3101(d))

Soto v. Dupret, 93 A.D.3d 481, 939 N.Y.S.2d 849 (Mem), 2012 (1st Dept. 2012)

(reversed lower court and held that plaintiff’s claim was time-barred where plaintiff failed to establish applicability of relation back doctrine)

Tart-Bynoe v. New York Bronx Pediatric Medicine, P.C., Bronx County Index #301311/07

(evidence sufficient to support jury’s verdict)

Thapt v. Shahine et al, 89 A.D.3d 837, 932 N.Y.S.2d 346 (2nd Dept. 2011)

(affirmed lower court decision dismissing action)

Tran v. New Rochelle Hospital Medical Center, 291 A.D.2d 121, 740 N.Y.S.2d 11 (1st Dept. 2002); rev’d 99 N.Y. 2d 383, 756 N.Y.S.2d 509 (2003)

(granted plaintiff right to review surveillance tape in medical malpractice action)

Upshur v. Staten Island Medical Group, 88 A.D.3d 785, 930 N.Y.S.2d 649 (2nd Dept. 2012)

(physician not proximate cause of injuries allegedly sustained by infant born of diabetic patient, and New York does not recognize cause of action for preconception torts)

Zafra v. Ascensio, Sup. Queens Index #29273/03) (2009) ($3,000,000 verdict for pain and suffering and wrongful death settled for $475,000 during pendency of post-trial motion)


OPMC/Regulatory Experience

Richard W. Nicholson

DOH inquiry into inappropriate medical coding. Matter settled.

OPMC hearing regarding alleged gross negligence causing mother and baby’s demise resulting in administrative warning.

DOH hearing regarding inappropriate prescription of controlled substances and alleged Medicaid fraud resulting in probation.

OPMC investigation regarding inappropriate prescription of controlled substances resulting in stayed suspension.

OPMC hearing regarding inappropriate patient and co-worker contact resulting in stayed license suspension.

Ongoing representation in preparation of responses to DOH statements of deficiencies.

OPMC investigation regarding inappropriate discharge of an elderly patient.

OPMC investigation regarding unexplained laboratory values.

OPMC investigation regarding inappropriate pelvic examination.

OPMC investigation of alleged sexual misconduct by chief of department with subordinates.

David W. Sisskind

OPMC investigation of alleged overdosing of a child during pediatric open heart surgery by a pediatric anesthesiologist.

OPMC Investigation regarding care of a patient who wound up losing his leg.

Assistance in review and amendment of protocols for tasks allowed to be performed by nurse anesthetists at Coney Island Hospital pursuant to direction of DOH.

OPMC investigation of alleged mismanagement of Diabetes.


Ongoing representation in preparation of responses to DOH statements of deficiencies.

Karen P. Ryan

Application to the Supreme Court, Kings County for an order giving authorization to a Coney Island Hospital administrator to consent on behalf of the patient to undergo surgery to remove a stomach mass that was cancerous. The motion was granted without opposition after a bedside hearing.

Application to the Supreme Court, Kings County for an order giving authorization to a Coney Island Hospital administrator to consent on behalf of the patient to artificially feed and hydrate an anorexic 26 year-old woman who was found to be unable to make reasonable decisions regarding her medical care. The Court granted interim relief allowing the patient to be fed and hydrated.

Represented a physician at a DOH investigation into a patient’s complaint of abandonment. The charges were ultimately dismissed as unfounded.

Represented the NYCHHC and its member facilities in more than 20 Family Court cases in which the disclosure of confidential drug and alcohol records of patients were improperly sought in violation of federal and state law. These assignments involved moving to dismiss improperly issued Court Orders, opposing motions seeking improper disclosure, drafting proposed Orders reflecting compliance with applicable state and federal law and redacting patient’s records in compliance with Court Orders.

Application to the Supreme Court for a Court Order as the disposition of the remains of a decedent where two persons claimed to be the rightful next of kin.

Representation of physicians who were subpoenaed by the District Attorney’s Office to testify and to have ex parte discussions regarding their treatment of a child of defendants in a criminal matter where the defendants refused to consent to this breach of the patient-physician privilege.

Representation of a physician’s assistant who was subpoenaed to testify regarding her care of a minor rape victim in a criminal proceeding


Multiple applications to the Supreme Court, Bronx County, for Assisted Outpatient Treatment Orders for Psychiatric patients on behalf of Bronx based NYCHHC facilities.

Application to have agent designated as health care proxy for a patient removed for failing to act in best interests of the patient. The matter was resolved by court order removing and replacing the agent after a full hearing on the issue.

Representation of psychiatrists subpoenaed by the Queens County District Attorney’s Office for an interview regarding diagnosis and prognosis of mentally ill patient arrested for violent assault.

Representation of Mental Health Services in Family Court proceeding as to whether respondent could be interviewed without counsel for a predispositional hearing when charges for murder were pending in Criminal Court.

John J. Corgan

OPMC investigation of infant death due to alleged over-prescription of drugs. Matter did not proceed beyond investigation stage.

OPMC investigation of infant death following MRI accident. Matter did not proceed beyond investigation stage.

OPMC investigation of wrong-sided carotid endarterectomy. Matter did not proceed beyond investigation stage.

OPMC investigation of improper performance of bariatric surgery. Matter did not proceed beyond investigation stage.

OPMC investigation of improper pain management. Matter did not proceed beyond investigation stage.

OPMC investigation of alleged improper nursing care and documentation of nursing care, and communication with law enforcement agencies. Matter did not proceed beyond investigation stage.

Ongoing representation in preparation of responses to DOH Statements of deficiencies.


Eric R. Mishara

OPMC investigation of two Coney Island Hospital physicians regarding alleged gross negligence in the treatment of a stroke. Matter did not proceed beyond investigation stage.

OPMC investigation of Coney Island Hospital physician for alleged gross negligence in treatment of a stroke. The Doctor was represented at an interview at OPMC. OPMC found no fault.

OPMC investigation of physician for alleged gross negligence in failure to resuscitate an MI patient that died. The doctor was represented at an OPMC interview. OPMC found no fault.

Gerald D. DiEdwards

Proceeding to have guardian appointed to consent to dialysis.

OPMC investigation of infant death following MRI accident. Matter did not proceed beyond investigation stage.

Proceeding to have guardian appointed to consent to amputation.

DOH consultation regarding investigation and reporting requirements. Samantha E. Quinn

DOH hearing regarding inappropriate prescription of controlled substances and alleged Medicaid fraud resulting in probation.

OPMC investigation regarding inappropriate prescription of controlled substances resulting in stayed suspension.

Application to the Supreme Court, Kings County for an order giving authorization to a Coney Island Hospital administrator to consent on behalf of the patient to artificially feed and hydrate an anorexic 26 year-old woman who was found to be unable to make reasonable decisions regarding her medical care. The Court granted interim relief allowing the patient to be fed and hydrated.


Multiple applications to the Supreme Court, Bronx County, for Assisted Outpatient Treatment Orders for Psychiatric patients on behalf of Bronx based NYCHHC facilities.

Ongoing representation in preparation of responses of DOH statements of deficiencies.


Clients Below is a representative list of the companies and entities by whom we have been engaged.

1. New York City Health and Hospitals Corporation; 2. The City of New York;

3. Medical Liability Mutual Insurance Company;

4. Physicians’ Reciprocal Insurers;

5. Combined Coordinating Council Inc.;

6. Medical Malpractice Insurance Association;

7. Wausau Insurance Companies;

8. New York State Department of Insurance, Liquidation Bureau;

9. County of Westchester;

10. Frontier Insurance Company;

11. New York Medical Alliance P.C.;

12. American International Group;

13. Group Council Mutual Insurance Co. (NY & NJ);

14. Miix Insurance Company (NJ);

15. Home Insurance Co. (NY & NJ);

16. Coney Island Hospital;

17. Kings County Hospital;


18. Nyack Hospital;

19. Bellevue Hospital Center;

20. Lincoln Medical & Mental Health Center;

21. North Central Bronx Hospital;

22. Interfaith Medical Center; 23. Allied World Assurance Company;

24. Preferred Health Partners;

25. Staten Island University Hospital;

26. St. Vincent’s Medical Center of Staten Island;

27. Sound Shore Medical Center;

28. Catskill Regional Medical Center;

29. St. Luke’s-Roosevelt Hospital Center;

30. Episcopal Health Services; and

31. St. John’s Episcopal Hospital.

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP Significant Verdicts (2000 – 2012)

Date Defense Attorney Opposing Counsel Type of Case Venue Disposition

February 2013 Richard W. Nicholson Erica Sattler Alleged failure to diagnose and treat Stage III breast

cancer resulting in a double mastectomy New York Defense Verdict

February 2013 Karen P. Ryan Raymond Raskin Alleged- failure to timely treat a myocardial

infarction with thrombolytics and angioplasty resulting in significant heart damage

Richmond Defense Verdict

February 2013 David Sisskind Stephen Erickson

Alleged failure to perform a cervical cerclage to resulting in premature birth of infant causing

permanent Brain Damage, Spastic Quadraparesis, and requiring lifetime custodial care

Bronx Defense Verdict

January 2013 Gerald DiEdwards Fitzgerald & Fitzgerald Alleged improper performance of rotator cuff

surgery leading to anterior deltoid detachment and loss of arm function.

Queens Defense Verdict

January 2013 Karen P. Ryan Martin Wolf Alleged- failure to diagnose and treat retinal tears

following cataract surgery resulting in loss of vision Kings Defense Verdict

January 2013 Maureen M. Arciero Robert Eisen Failure to diagnose Pelvic Inflammatory Disease

leading to loss of ovary in 18 year old. Rockland

Directed Verdict after preclusion of plaintiff’s expert

October 2012 Carl D. Weinberg Mark Eskenazi Wrongful Death; Failure to Diagnose Viral

Meningitis Bronx Plaintiff Verdict

August 2012 David Sisskind Rhona Silverman, Esq. Negligent performance of cesarean section resulting

in massive hemorrhage requiring an emergency hysterectomy

Kings Defense Verdict

August 2012 Carl D. Weinberg Katharine Hall Blindness following cataract surgery on one-eyed

79-year-old man Westchester Defense Verdict


June 2012 Carl D. Weinberg Thomas P. O’Malley Wrongful Death; Failure to diagnose stomach

cancer Bronx Defense Verdict

May 2012 Karen P. Ryan Martin H. Weisfuse Alleged failure to diagnose severe mitral valve

regurgitation New York Defense Verdict

March 2012 Carl D. Weinberg Stanley Landers Brain damage and loss of fingers in premature

infant Bronx

Plaintiff-Motion Pending

January 2012 Carl D. Weinberg Peter Rosenberg Alleged failure to diagnose meningitis &

endocarditis resulting in brain damage Bronx Defense Verdict

October 2011 Maureen M. Arciero Robert Fellows Negligent exam resulting in perforated eardrum and

loss of hearing Rockland Defense Verdict

October 2011 Carl D. Weinberg Richard Robbins Alleged failure to diagnose primary lesion resulting

in unnecessary decompression surgery Sullivan Defense Verdict

September 2011 Maureen M. Arciero William Grace Failure to diagnose Breast Cancer Rockland

Discontinued during trial after cross examination of plaintiff’s expert

June 2011 Karen P. Ryan Jeffrey Strauss Alleged negligent cholecystectomy Rockland Defense Verdict

June 2011 Maureen M. Arciero Paul Marx Wrongful death 44-year-old delayed cancer

diagnosis Rockland Defense Verdict

February 2011 Richard W. Nicholson Marilyn Nelson Cashman Recurrent laryngeal nerve paralysis after elective

lymph node dissection New York Defense Verdict

January 2011 Karen P. Ryan Paul Cutrone Alleged failure to diagnose post-operative infection after abdominoplasty resulting in pain and suffering

and revision surgery Nassau Defense Verdict

November 2010 Karen P. Ryan David Dean Alleged negligent management of an

osteochondroma resulting in a tib fib fracture with subsequent non-union.

Westchester Defense Verdict


October 2010 Carl D. Weinberg Peter Overzat Alleged wound dehiscence & infection after

surgery for ruptured Achilles tendon New York Defense Verdict

October 2010 Maureen M. Arciero Andrew Friedman, Esq. of

Friedman, Khafif & Sanchez

Failure to properly refer patient with prior history of an MI for cardiac catheterization resulting in second

MI and diminished life expectancy. Rockland Defense Verdict

April 2010 Carl D. Weinberg Larry Singer of Ronemus &

Vilensky Failure to diagnose breast cancer. Bronx Defense Verdict

March 2010 Maureen M. Arciero Kevin Mulhearn Transection of ureters during laparoscopic

hysterectomy Rockland Defense verdict

February 2010 Carl D. Weinberg Avellino & Nitkewicz Permanent hemodialysis secondary to failure to

diagnose IGA nephropathy New York Plaintiff’s Verdict

February 2010 David W. Sisskind David Dean Failure to diagnose bladder cancer New York Defense verdict

February 2010 David W. Sisskind Richard Scanlon Delay in diagnosis of jaw fracture Rockland Defense Verdict

January 2010 Maureen M. Arciero Jeffrey Schonbrun Arterial injury during hernia repair Rockland Defense Verdict

December 2009 Eric R. Mishara Jay Margolis Alleged wrongful death of 71 year old male who

developed postoperative pneumonia New York Defense verdict

November 2009 Carl D. Weinberg Rhona Silverman 8-month “conscious coma” and wrongful death due

to negligent insertion of catheter for dialysis Bronx Defense Verdict

October 2009 Carl D. Weinberg Charles Luceno Unnecessary surgery due to misdiagnosis of post-

operative ileus as bowel obstruction Westchester Defense Verdict

April 2009 Gerald D. DiEdwards Ed Milstein Wrongful death 60 year old female from perforation

following colonoscopy. Six months pain and suffering prior to death.

New York Defense Verdict

April 2009 Carl D. Weinberg Christopher Dean Erb’s Palsy secondary to shoulder dystocia Kings

Plaintiff’s verdict $2,500,000; settled for $1,350,000 after

post-trial motion


April 2010 Carl D. Weinberg Larry Singer of

Ronemus & Vilensky Failure to diagnose breast cancer. Bronx Defense Verdict

March 2009 Carl D. Weinberg Edgar P. Campbell, Esq. Alleged failure to diagnose small bowel obstruction

resulting in necrosis Sullivan Defense Verdict

March 2009 Eric R. Mishara Bruce Clark Alleged wrongful death of 64 year-old woman from

pulmonary embolism Queens

Plaintiff’s verdict $3,000,000; post-

trial motions pending

January 2009 Gerald D. DiEdwards Dankner & Milstein, P.C. Rectal tear and peritonitis following colonoscopy

resulting in colostomy New York Defense Verdict

December 2008 David W. Sisskind Barry Kantrowitz Alleged wrongful death of 62 year-old man due to

post-operative sepsis Rockland Defense Verdict

December 2008 Carl D. Weinberg Elsa Preston Rodriguez Failure to diagnose alleged cardiac condition in 4

year-old leading to death Bronx

Plaintiff’s verdict $3,000,000;

reduced on post-trial motion to

$300,000; JNOV granted by

Appellate Division

November 2008 Carl D. Weinberg Ed Sanocki Permanent nerve impairment secondary to

hematoma following hemiarthroplasty Rockland Defense Verdict

June 2008 Eric R. Mishara Michael Flomenhaft Myofascial Pain Syndrome & Drug Dependency

Due to Spinal Surgery Suffolk Defense Verdict

June 2008 Carl D. Weinberg Vladimir Matsiborchuk Damage to Common Bile Duct Secondary to

Laparoscopic Cholecystectomy Bronx Defense Verdict

May 2008 Richard W. Nicholson Sullivan, Papain Failure to Diagnose Stomach Cancer in a 60-Year-

Old woman Kings

Plaintiff’s Verdict$100,000

Demand $1.9 million


April 2008 Timothy J. Lenane Leslie Lewis Failure to diagnose juvenile glaucoma, nystagmus,

strabismus and amblyopia Richmond Defense Verdict

April 2008 John J. Corgan Harry Katz, Esq. Negligent intra-operative transmission of HCV Westchester Defense Verdict

April 2008 Carl D. Weinberg Dankner & Milstein Erb’s Palsy Bronx Defense Verdict

March 2008 David W. Sisskind Mary Ann Walling Negligent performance of ileo-cecal resection

without ruling out Crohn’s Disease Queens Defense Verdict

March 2008 Carl D. Weinberg James Wilkens Failure to administer meningitis vaccine and

diagnose pneumococcal meningitis resulting in brain damage to infant


February 2008 Timothy J. Lenane Bonita Zelman Improper excision of the sublingual nerve

resulting in lingual nerve damage and damage to the muscle of the tongue

New York

Settled prior to closing arguments;

co-defendant contributed

$2,300,000 and client hospital contributing

$200,000

February 2008 Karen P. Ryan Patricia Moro Failure to monitor nursing home patient; Hip

fracture Westchester Defense Verdict

December 2007 Carl D. Weinberg Andrew Humphreys Above-the-knee amputation; Failure to diagnose

compartment syndrome following total knee replacement

Putnam Defense Verdict

October 2007 David W. Sisskind Pasquale Vairo Wrongful death from post-operative pulmonary

embolism Richmond

$1,000,000 verdict settled for

$800,000 following post-trial motions

June 2007 John J. Corgan Paul LeClair Improper prescription of Dilantin causing Stevens-

Johnson Syndrome, desquamation of her skin, scars and other injuries.

Queens Plaintiff’s verdict $1,000,000 below settlement demand

April 2007 Carl D. Weinberg Rhona A. Silverman Wrongful death; failure to diagnose colon cancer Bronx Defense Verdict


April 2007 Karen P. Ryan Antoinette Sciretta Cross-contamination & infection from improper

colonoscopy Nassau Defense Verdict

March 2007 John J. Corgan Fink & Platz Mismanagement of labor and delivery resulting in

Erb’s Palsy in 3 year old infant. New York

Defense Verdict for our Doctor

January 2007 Richard W. Nicholson David Taback Failure to diagnose spontaneous bilateral

compartment syndrome compartment Rockland

Discontinued during trial

January 2007 Carl D. Weinberg Charles Rappaport Erb’s Palsy secondary to shoulder dystocia Bronx Defense Verdict

November 2006 Karen P. Ryan David Gould Failure to treat and diagnose a liver abscess Queens Defense Verdict

September 2006

Carl D. Weinberg Elliot Lewis

Failure to Diagnose Slipped Capital Femoral Epiphysis

Bronx

Plaintiff’s Verdict – Motion to Set Aside Pending

July 2006 Eric R. Mishara Marvin Salenger Birth injury, Erb’s palsy secondary to vacuum

extractor assisted delivery Queens Defense Verdict

June 2006 Timothy J. Lenane Gary Silverstein Failure to diagnose a fracture of the distal radius

and injury to the median nerve Sullivan

$275,000 verdict settled for

$220,000 post-trial

May 2006 Richard W. Nicholson Dawn Deweil Left inguinal neuropathy secondary to hernia repair

surgery New York Defense Verdict

May 2006 David W. Sisskind Stephen Donahue Negligent Neuro- Surgery on Brain Tumor

Leading to Stroke in 28 yr old man Bronx

JNOV on Post Trial Motion after Plaintiff’s Verdict; Affirmed on appeal

April 2006 David W. Sisskind Arnold Goldstein of Goldstein

& Goldstein

Negligent intubation resulting in hypoxia, tracheostomy scar, vocal cord paralysis, additional

surgery and scarring Kings Defense Verdict

December 2005 Richard W. Nicholson Gerald Ryan Below the knee amputation due to failure to timely

hospitalize and treat Queens Defense Verdict

October 2005 Carl D. Weinberg Joseph Awad of Silberstein,

Awad & Miklos Ilio-inguinal neuropathy & loss of testicle

secondary to hernia repair surgery Bronx Defense Verdict


June 2005 Timothy J. Lenane Robert Sgarlato Failure to perform timely Caesarian Section

resulting in symphysis pubis diastasis Richmond Defense Verdict

May 2005 Karen P. Ryan Neva Hoffmaier Negligent repair of a rotator cuff tear Westchester Defense Verdict

November 2004 Richard W. Nicholson Efrom Gross Compartment Syndrome Due to Failure to Monitor Circulation During Surgery for

Abdominal Aortic Aneurysm New York Defense Verdict

October 2004 John J. Corgan Michael Krakauer Failure to Diagnose, Treat Congenital

Malformation of Feet Westchester

Case Dismissed at Trial

October 2004 Karen P. Ryan Paul Garland Failure to Timely Diagnose & Operate Upon

Herniated Discs New York Defense Verdict

October 2004 David W. Sisskind Mark Bernstein Negligent Revision of Hip Replacement Surgery New York Defense Verdict

October 2004 Gerald D. DiEdwards Steven R. Mahler Wrongful Death; Failure to Administer Test Dose & Inadequate Resuscitation After Anaphylactic

Reaction New York Defense Verdict

October 2004 Richard W. Nicholson Burns & Harris Brain Damaged Mother from Hemorrhage

Following C-Section Rockland

Plaintiff’s Verdict $1.25 million

September 2004 Carl D. Weinberg Peter E. Tangredi Three Unnecessary Spinal Surgeries Resulted in

Failed Back Syndrome Westchester Defense Verdict

July 2004 Eric R. Mishara Raymond Raskin Failure to Diagnose & Treat Ankle Fracture Kings Defense Verdict

July 2004 Karen P. Ryan Robert Danzi Failure to diagnose and treat an intestinal

perforation, resulting in a plaintiff’s verdict Westchester

Plaintiff’s verdict $70,000

May 2004 Timothy J. Lenane Peter DiBlasio Failure to reverse a colostomy in a timely fashion

resulting in multiple fistulas Richmond

Plaintiff’s verdict $62,000; Plaintiff’s lowest demand was

$1,200,000

April 2004 Richard W. Nicholson Laurence M. Deutsch Negligent Administration of Chelation Therapy New York Defense Verdict

March 2004 John J. Corgan Jessie Waldinger Premature Discharge and Failure to Treat

Ophthalmic Stroke Causing Monocular Blindness Westchester

Plaintiff’s Verdict $275,000;

Plaintiff’s lowest demand $800,000


December 2003 Carl D. Weinberg Schneider, Kleinick & Weitz Wrongful Death; Failure to Diagnose & Treat

Perforated Diverticulitis Kings Defense Verdict

October 2003 David W. Sisskind Lawrence Biondi Wrongful Death; Failure to Diagnose Lung Cancer Westchester Defense Verdict

July 2003 Eric R. Mishara Charles Silverstein Failure to Diagnose Placental Abruption

Causing Profound Birth Injuries New York Defense Verdict

June 2003 David W. Sisskind Paul LeClair Wrongful Death; Failure to Diagnose Lung Cancer Bronx Defense Verdict

June 2003 Richard W. Nicholson George Catlett Wrongful Death; Failure to Diagnose

and Treat Cardiac Hypertrophy Bronx Defense Verdict

June 2003 Gerald D. DiEdwards Mariangela Chiaravalloti Delay in Diagnosis and Treatment of Stroke New York Defense Verdict

April 2003 David W. Sisskind Bodner & Waldinger Negligent Treatment of

Postoperative Wound Infection Kings Defense Verdict

April 2003 Carl D. Weinberg Jason Platt Failure to Diagnose Pneumonia Resulting in Surgery for Thoracotomy and Decortication


March 2003 Carl D. Weinberg Weitz & Luxenberg Wrongful Death; Failure to Diagnose Ovarian

Cancer in 32 year-old Working Mother Bronx Defense Verdict

February 2003 John J. Corgan Reardon & Sclafani Paralysis & Aphasia Following Elective Cardiac

Catheterization Westchester Defense Verdict

January 2003 Gerald D. DiEdwards Barry S. Huston Failure to Diagnose and Treat Evolving Ischemic

Stroke with TPA Sullivan Defense Verdict

December 2002 Eric R. Mishara David Rutherford Wrongful Death; 21 year-old due to anaphylactic reaction

Kings Defense Verdict

December 2002 Carl D. Weinberg Alvin Gordon Intra-abdominal Abscesses and

Hydrocele Following Appendectomy Bronx Defense Verdict

November 2002 Richard W. Nicholson Peter Tangredi Maternal Complications

Following Cesarean Section Kings Defense Verdict

July 2002 David W. Sisskind Peter Gale Negligent Cataract Surgery; Failure

to Diagnose Temporal Arteritis Kings Defense Verdict

July 2002 John J. Corgan Eric M. Turkewitz Negligent Hysterectomy Surgery Causing

Vesio-Vaginal Fistula Westchester Defense Verdict

March 2002 John J. Corgan Meagher & Meagher Fail to Diagnose Wrist Fracture; Causing Reflex

Sympathetic Dystrophy Westchester Defense Verdict

April 2002 Karen P. Ryan Lawrence Doris Failure to Diagnose Guillain-Barre Syndrome Kings Defense Verdict

March 2002 Carl D. Weinberg Laurence M. Deutsch Wrongful Death; 13-year-old boy; Failure to Treat

Propionic Acidemia Sullivan Defense Verdict


February 2002 John J. Corgan Edgar Campbell Associates Cardiac Stress Test Kills Patient Sullivan Directed Verdict

January 2002 Carl D. Weinberg Solomon Abrahams Spinal Stenosis Secondary to Laminectomy Westchester Defense Verdict

December 2001 Anthony M. Soscia, Jr. Lawrence D. Engle Failure to Diagnose and Treat Herniated Disc Bronx Defense Verdict

December 2001 Eric R. Mishara Martin H. Weisfuse Ruptured spleen due to negligently

performed colonoscopy New York Defense Verdict

November 2001 Carl D. Weinberg Christopher Meagher of

Meagher & Meagher Femoral Neuropathy Secondary to Laparoscopic

Hernia Repair Westchester Plaintiff's Verdict

October 2001 Carl D. Weinberg Laurence E. Jacobson, P.C. Postoperative Paralysis of Hypoglossal Nerve Bronx Defense Verdict

April 2001 Richard W. Nicholson Stanley A. Landers, P.C. Failure to Diagnose a Colloid Cyst Resulting in

Hydrocephalus and Brain Damage

Suffolk Defense Verdict

April 2001 Carl D. Weinberg Law Office of Michael P.

Barnes Wrongful Death; Myocardial infarction Bronx Defense Verdict

March 2001 David W. Sisskind Napoli, Kaiser & Associates,

P.C. Failure to Diagnose Pneumonia Resulting in

Respiratory Arrest and Brain Damage to Infant Kings Defense Verdict

January 2001 Carl D. Weinberg John Cullen and John Markey Improper Antibiotics;

Allergic Interstitial Nephritis Westchester Defense Verdict

November 2000 Carl D. Weinberg Philip DeCaro of DeCaro &

DeCaro Failure to Diagnose Post-Operative Staph Aureus

Infection in Knee Westchester Plaintiff’s Verdict

October 2000 Samantha E. Quinn Pro Se Failure to Diagnose and Treat Osteomyelitis USDC (SD) Defense Verdict

August 2000 Gerald D. DiEdwards Solomon Abrahams Wrongful Death; Failure to Diagnose and Treat

Lung Cancer New York Defense Verdict

July 2000 Eric R. Mishara John J. Sobolewski Negligent Surgery Resulting in severe

leg burns in an elderly woman New York Defense Verdict

July 2000 Richard W. Nicholson Sherman & Basichos Wrongful Death Kings Plaintiff’s Verdict

July 2000 David W. Sisskind Sullivan, Papain, et al. Improper Management of Rotator Cuff Tear Kings Plaintiff’s Verdict

June 2000 Eric R. Mishara Nicholas Martino Failure to Diagnose and Treat

Internal Tibial Torsion in an infant Richmond Defense Verdict


June 2000 Timothy J. Lenane Lee Pollack Accounting malpractice; failure to properly value

medical practice at the time of sale Westchester

Plaintiff Verdict $11,000; Plaintiffs’ lowest demand was

$350,000

June 2000 David W. Sisskind Peters, Berger, Koshel

& Goldberg, P.C.

Failure to Diagnose Rheumatic Heart Disease Leading to Aortic Valve Replacement

in a 6 yr. Old Child

Kings

Defense Verdict

June 2000 Carl D. Weinberg Fitzgerald & Fitzgerald Nerve Damage Resulting in

Laminectomy and Spinal Fusion Rockland Defense Verdict

June 2000 John J. Corgan Sanocki , Newman & Turret Misdiagnosis Resulting in Cardiac Death of 48

year old Mother Westchester

Plaintiff’s Verdict $399,000

June 2000 Carl D. Weinberg DiBlasio, Figman, et al. Retained Sponge; Failure to Diagnose; Nerve

Damage Westchester Defense Verdict

June 2000 John J. Corgan Ed Sanocki Wrongful Death Kings Plaintiff’s Verdict

May 2000 Richard W. Nicholson Ressler & Ressler Wrongful Death for Failure to

Diagnose and Treat Hyperthyroidism Kings Defense Verdict

May 2000 Carl D. Weinberg Edgar P. Campbell Nerve Damage Resulting from Total Hip Replacement Surgery

New York Defense Verdict

May 2000 Carl D. Weinberg Mangiatordi, Maher &

Lemmo Wrongful Death; Negligent Placement of Catheter

for Chemotherapy Bronx Plaintiff’s Verdict

March 2000 John J. Corgan Alexander V. Sansone of Law

Offices of Dominick J. Robustelli

Permanent Neurological Speech Impairment Orange Defense Verdict

February 2000 Carl D. Weinberg Jonathan Warner Improper Breast Surgery to Remove Benign Mass Bronx Defense Verdict

Documents

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