Semo v. McMahon (2015)

A jury in this medical malpractice case determined that our client, a physician, did not depart from the standard of care in not screening the infant-plaintiff for vesicoureteral reflux. The trial judge, however, granted plaintiff’s motion to set-aside the verdict and ordered a new trial.  We were successful in obtaining a stay of that retrial pending the determination of our appeal.  When the Appellate Division, Second Department considered the merits of our appeal it agreed with our argument that the jury was free to accept the opinions of the defendant’s experts while rejecting the opinions of plaintiff’s experts.  Accordingly, the Appellate Division reinstated the jury’s verdict and dismissed plaintiff’s case.