Denlea & Carton


April 29, 2016

Litigation News – April 29, 2016

In our continuing representation of  the medical community in litigation and transactional matters, please note our recent successes.

The firm successfully defended a physician from prosecution by the FBI and Office of the Inspector General amidst allegations of health care fraud and violations of the Stark Law/anti-kickback statutes.  The  investigation centered around the claim that the physician was fraudulently ordering durable medical equipment for patients, when it was not clinically indicated, in a criminal scheme to make a profit.

In another matter, following oral argument, the Court recently granted the firm’s motion to dismiss a plaintiff’s multi-million dollar claim of medical malpractice against the firm’s surgeon client in Suffolk County. The Court agreed with the firm’s argument that the plaintiff lacked capacity to sue due to a failure to list the subject lawsuit as an asset in a prior bankruptcy proceeding, dismissing the claim with prejudice.

As to new matters, the firm has been retained to represent:  a local vascular surgeon against allegations that a failed surgical intervention in a hospital, after a catastrophic motor vehicle accident, led to a 22 year-old’s paraplegia; a pediatric hospitalist in Westchester County against allegations that an infant’s meningitis was untimely diagnosed  leading to the infant’s death; and a urological surgeon in Westchester County against allegations that a case of testicular torsion in a 20 year-old male was untimely diagnosed, leading to necrosis of the testicle and its removal.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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