Firm News

On February 9, 2023, the First Department Appellate Division affirmed summary judgment dismissal of a multi-million dollar damages lawsuit brought by a surgeon who was reported to the National Practitioner Data Bank. While performing an appendectomy at Peconic Bay Medical Center, the surgeon inadvertently removed a healthy fallopian tube from a 14-year-old.  After the hospital commenced an investigation, the surgeon resigned his hospital privileges and left the state.  That triggered the Hospital’s obligation under the federal Health Care Quality Improvement Act to report to the Data Bank any resignation of privileges while under investigation.  The surgeon sued, alleging the report was false and ruined his career.  After more than 10 years of highly contentious litigation, Garfunkel Wild won summary judgment dismissal in the trial court, and prevailed against the surgeon’s appeal.  The appellate decision and trial court order can be seen using the links below.   

The Garfunkel Wild team on this case is Leonard Rosenberg, Lauren Levine, and Gillian Barkins.