Directed Verdict Win for Pediatric Hematology Oncologists
Although it’s difficult to celebrate any win at trial when a young patient is involved, we are very happy for the medical providers at our client’s Children’s Hospital who have dedicated their lives to fighting for children with cancer.
In his latest victory, Shaub Ahmuty Citrin & Spratt LLP senior trial partner Craig Bienstock represented a group of pediatric hematology oncologists and defended their treatment at trial of a Bronx teenager who bravely fought T-cell Acute Lymphoblastic Leukemia for nearly his entire life. Not long after his 17th birthday, however, he was diagnosed with his third relapse of this horrible disease; an essentially unheard of occurrence with a near-zero chance of survival. Yet, this young fighter and his mother wanted the doctors to do everything they could to prolong his life with the understanding it would require an aggressive chemotherapy regimen that likely would not work, and unfortunately, after several months of treatment he passed away.
The child’s father, however, who was not a part of the young man’s life, started a lawsuit claiming he was entitled to financial compensation, attempting to argue that the doctors were negligent. These false allegations were unacceptable to the single mother who raised this child by herself since birth, the medical providers who cared very much for their patient, and it was unacceptable to us.
At trial, Craig viciously cross-examined the plaintiff’s seasoned oncology expert to the point where he had no choice but to concede that no standard of care existed in a tragic situation such as this, and when the plaintiff’s attorney rested, Craig successfully argued that a directed verdict was warranted and the case was dismissed. Amazingly, the presiding judge when rendering his decision advised he typically never grants motions for a directed verdict, however, the defense’s argument was so compelling, he felt he had no choice but to do so.
Congratulations to Craig on this latest win, and thank you to the men and women at the Children’s Hospital who fight every day to help the youngest of patients as they battle this dreadful disease.
