Melissa A. Dziak

Obtained complete dismissal of all claims on eve of trial where plaintiff’s demand was $10 million. Plaintiff was an emergency medicine technician (EMT) who was severely assaulted during an ambulance transport of a minor patient to a psychiatric facility. The client-physician discharged the patient with orders for sedation and restraints, if needed, during transport. The plaintiff alleged these discharge orders were insufficient and violated standard of care. The defense successfully argued that under Pennsylvania’s Mcare Act, the client-physician did not owe a duty to the plaintiff-EMT, only to the minor patient, and further, that the plaintiff’s Emergency Medicine expert was not qualified to opine on the standard of care provided by client-physician who is an Internal Medicine specialist in that plaintiff’s expert had no expertise in the long-term management of psychiatric patients. Without an expert to opine on the applicable standard of care, the plaintiff’s claim must fail. As a result, the court granted the motion for summary judgment and dismissed plaintiff’s claims.

Obtained a defense verdict on behalf of a primary care physician who prescribed medication for the plaintiff to treat insomnia and depression. The plaintiff alleged that the prescription was not indicated and the dosage was over twice the recommended dosage. After taking the medication, the plaintiff suffered a neck injury requiring an anterior cervical decompression and fusion of the C5-C6 for central cord syndrome, which resulted in permanent nerve injury. The defense argued that based on the plaintiff's complaints and presentation, the medication was both indicated and the dosage was within the standard of care despite recommendations by the FDA and PDR.

Represented an OB/GYN and OB/GYN Practice Group obtaining a defense verdict in an alleged failure to properly manage a patient’s labor and delivery resulting in a catastrophic injury to her child. The plaintiff’s counsel argued that the pregnancy and labor were high risk requiring the use of intermittent auscultation (IA) during the second stage of labor. As a result of this alleged violation of standard of care, the infant-plaintiff suffered a catastrophic brain injury during the second stage of labor causing cerebral palsy and daily intractable seizures. The infant-plaintiff is wheelchair-bound, unable to speak and unable to feed himself requiring lifetime care. Through expert testimony, the defense argued that the pregnancy was not high risk, IA was not required during the second stage of labor, and that the infant-plaintiff’s injury occurred at some point in the days prior to labor and delivery.

Obtained summary judgment in New York on behalf of a car dealership client. The dealership rented a vehicle to co-defendant, who was having his personal vehicle serviced at the dealership. That co-defendant was in an accident with the plaintiff while operating the dealership’s rental. The plaintiff was operating a motorcycle and significant damages were alleged. The defense filed a motion for summary judgment pursuant to The Graves Amendment, which states that an owner of a motor vehicle that rents a vehicle to a person shall not be vicariously liable for harm to persons or property that arises out of the use or operation of that vehicle during the period of the rental, so long as certain additional criteria is met. The court agreed with the arguments raised in the motion and dismissed our client with prejudice.