William T. Collins, III Obtains Defense Verdict in Favor of Rockland County Gastrointestinal Practice

William (Bill) T. Collins, III obtained a defense verdict in Rockland County, NY, for a local gastrointestinal practice involving a claim that it provided negligent care after a colonoscopy. Specifically, the plaintiff claimed that the practice and co-defendant, an independent anesthesiologist, discharged him before his blood pressure had stabilized. Consequently, the plaintiff claimed that he suffered a hypovolemic event, fainted and fell four hours later, which resulted in cervical fractures and permanent disabilities.

Collins’ cross-examination of the plaintiff’s expert anesthesiologist resulted in the expert conceding to the jury that he guessed or assumed some significant facts without basis, and those assumptions shaped some of his opinions. Collins made a motion to dismiss one of the departure claims in light of the improper “assumed facts” based testimony of the plaintiff’s expert, which the court initially denied. However, he renewed his motion the following day before trial testimony began and convinced the court that the claim should be dismissed. The jury returned a verdict in favor of Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) client (and the anesthesiologist) on the remaining malpractice claims.

Originally published at https://www.fkcs.law on September 13, 2024.