Latte with a Lawyer is a podcast featuring the stories of attorneys and their strategies and tactics for making an impact in their profession. This 30-minute podcast explores Brandon’s current practice, background, and how he has achieved success as a certified criminal trial attorney who puts his clients first.
In Camp v. Scimeca, plaintiff alleged the defendant physician deviated from accepted standards in failing to diagnose and treat glaucoma in the plaintiff’s left eye, resulting in permanent loss of vision. Plaintiff, an avid reader and author, had presented to the defendant ophthalmologist with complaints of loss of peripheral vision and was found to have elevated intraocular pressure. Defendant physician prescribed medication to increase the outflow of the fluid within the eye (aqueous humor) to reduce the pressure, which initially was effective, but the patient was not able to tolerate the medication. The patient then underwent two laser procedures to reduce the intraocular pressure, which also was initially effective, but the pressure ultimately crept back up. The patient went to another eye surgeon and underwent a shunt procedure, the placement of a tube directly into the eye to drain the fluid to reduce the patient’s intraocular pressure, but the patient nevertheless lost 90% of her peripheral vision in her left eye. Plaintiff’s expert opined that defendant physician should have performed the shunt procedure much earlier and that had he done so plaintiff would not have lost her eyesight. The defense demonstrated that the doctor maintained intraocular pressure below the 30 mm Hg threshold that damages the optic nerve, a standard with which the plaintiff’s expert agreed. Using literature supplied by plaintiff’s expert, the defense demonstrated that it would have been inappropriate to do the shunt procedure until it was clear that the less risky and less invasive treatments of medication therapy and laser therapy were not working. The jury returned a unanimous verdict that the defendant was not negligent in his treatment.
Russ Hewit and Mark Petraske both obtained defense jury verdicts of no cause for action in favor of their clients within the span of a week. Russ Hewit tried a medical malpractice case in Union County from January 9 to February 9 and Mark Petraske completed a 7-day dental malpractice trial in Middlesex County on February 7.
Russ Hewit obtains defense verdict in suit for the wrongful death of a 35 year old married mother of two. In Teixeira v. Khazaei, tried in Union County, Marlenes Teixeira, a 35 year old 1st time mother delivered healthy baby twins. Within an hour of delivery and for the next 3-4 hours, she developed elevated blood pressures that fluctuated into the severe range. She suffered a cerebral hemorrhage four and half hours after delivery and then passed 5 months later. Plaintiffs sued her treating obstetrician and the resident and labor and delivery nurse providing postpartum care for failure to diagnose and treat preeclampsia and postpartum hypertension. Plaintiff called an obstetrical expert on the standard of care and a neurologist and neuroradiologist that decedent’s cerebral hemorrhage was caused by untreated hypertension. Decedent was a public-school principal in Elizabeth and plaintiff’s economist testified that net economic damages exceeded $6.8 million. Plaintiff also sought pain and suffering experienced by decedent prior to her death. Russ Hewit, representing the attending obstetrician, presented expert testimony from an obstetrician that the decedent’s fluctuating blood pressures did not require treatment with antihypertensive medications and testimony from a nephrologist / hypertension expert and neuroradiologist that decedent’s cerebral hemorrhage was not caused by the elevated blood pressures, but by pregnancy induced changes to the mother’s cardiovascular system and/or by an unknown, pre-existing arteriovenous fistula in the brain. Following four weeks of testimony, the jury returned a verdict on February 9 that the attending obstetrician had not deviated from accepted standards of care in his treatment. The jury found that the co-defendant nurse had deviated from nursing standards of care, but that such deviation did not cause the decedent’s hemorrhage. The co-defendant resident settled prior to trial.
Mark Petraske secures jury verdict in case alleging permanent bone destruction in jaw. In Green v Albani, tried in Middlesex County, plaintiff alleged defendant dentist was negligent in the placement of two implants, causing an infection that developed into an antibiotic resistant infection and osteomyelitis (infection of the jawbone) and resulting in permanent bone destruction and bone loss. The patient required subsequent hospitalization, surgery and IV antibiotic treatment and also sought damages for the permanent bone loss in her jaw. Plaintiff called a dental expert who opined that the defendant dentist should have used advanced imaging techniques which would have enabled better evaluation of the jaw in order to determine where and how best to locate the implants in order to avoid a predictable jawbone defect that allowed the infection to take hold. Plaintiff also alleged a lack of informed consent on the risks of the procedure. Mark Petraske presented expert testimony and evidence that advanced radiology was not necessary and would not have resulted in any different location of the implants, and that the proper pre-procedure workup was performed. Using the existing radiology studies, Mark demonstrated to the jury that the implants were placed in solid bone structure and presented convincing evidence that the infection was a disclosed and accepted risk of the procedure. After 7 days of trial, the jury returned a verdict in favor of defendant after only 26 minutes of deliberation. This is Mark Petraske’s sixth favorable jury verdict in 7 months. Since jury trials resumed in June 2022 (after courts were closed during COVID), Mark is 6-0 at trial.
Dughi, Hewit & Domalewski, P.C., is pleased to announce that it has been named a 2023 Best Law Firm in New Jersey by Best Lawyers® and U.S. News & World Report. The law firm has been recognized as a Metropolitan Tier 1 Law Firm for Commercial Litigation.
View the 13th edition of the U.S. News – Best Lawyers® “Best Law Firms”.
View the Methodology Used for this Ranking can be found here | Best Law Firms (usnews.com)
Mark Petraske successfully defended a physician in a recent medical malpractice case and secured a “No-Cause” verdict after a 10-day trial in Burlington County. The case was complex and involved a dispute over whether a primary care physician failed to diagnose an evolving arterial occlusion in the lower leg and whether that alleged failure to diagnose resulted in the need for the amputation of the plaintiff’s leg below the knee. At trial, Mr. Petraske presented evidence which disputed the plaintiff’s contentions about the level of care and the alleged failure to diagnose by the physician, and effectively presented an alternative causation argument through expert testimony which showed that the likely cause of the plaintiff’s condition was unrelated to the physician’s care and treatment. The jury agreed with the defense presentation by Mr. Petraske and returned a unanimous verdict in favor of the defendant physician after deliberating for about 5 hours. In addition to the complex medical and scientific issues in dispute, the trial itself presented several procedural challenges brought about by Covid-19, including a “hybrid” approach to jury selection and participation – i.e., the jury was selected virtually but then the jurors attended the court proceedings in person. Most of the witnesses were live, but two witnesses appeared by video link. One interesting development during trial was that one of the attorneys and experts were diagnosed with Covid-19. Rather than declare a mistrial, the court stopped the trial for 5 days until the attorney and expert tested negative and the trial was then resumed to completion.
Dughi, Hewit & Domalewski, P.C. is proud to announce that Craig A. Domalewski has been selected for inclusion in the 2023 edition of Best Lawyers® for commercial litigation. Best Lawyers® is the oldest and one of the most respected peer-review publications in the legal profession.
About Best Lawyers®
Best Lawyers has earned the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries. For the 2023 edition of The Best Lawyers in America, more than 12.2 million votes were analyzed to identify the top legal talent, as identified by their peers. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.
For additional information about The Best Lawyers in America and its methodology, please click here.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome.
Dughi, Hewit & Domalewski, P.C. is pleased to announce that Richard S. Panitch has joined the firm as a partner. Mr. Panitch is a well-respected trial attorney who has earned an outstanding reputation based on his impressive record of courtroom success.
Throughout his career, Mr. Panitch has had diverse trial experience in multiple facets of litigation and has developed a special emphasis on complex litigation including the litigation and trial of severe personal injury, employment discrimination and civil rights cases. He has been involved in high profile cases and is a zealous and tireless litigator who uses his creativity to resolve many difficult cases for the benefit his clients.
Prior to coming to Dughi, Hewit & Domalewski, P.C. Mr. Panitch co-chaired the litigation department of a law firm in Monmouth County where he served as their lead trial attorney. In 2021, Mr. Panitch was selected by a vote of his peers to be included in Monmouth Health and Life Magazine’s 2021 list of top lawyers in personal injury and labor law in Monmouth County.
Mr. Panitch is a graduate of the University of Pennsylvania Law School where he was in the top ten percent of his law school class. He was awarded the Philadelphia Trial Lawyer’s Award for outstanding achievement in trial advocacy and was inducted into the Order of the Coif. Mr. Panitch also represented the University of Pennsylvania in the National Moot Court Competition.
Dughi, Hewit & Domalewski, P.C. is excited that Mr. Panitch has chosen to continue his career with the firm. He will continue to handle complex civil litigation including cases involving severe personal injury, employment discrimination and civil rights and will add further depth and experience to the firm’s deep bench of litigators and trial attorneys.
Mr. Panitch can be reached at rpanitch@dughihewit.com or (908) 272-0200.
Dughi, Hewit & Domalewski, P.C. is pleased to announce that the Honorable Vincent Le Blon has joined the firm as a member of the firm’s Mediation, Arbitration and Special Master practice group.
Judge Le Blon served as a Judge of the New Jersey Superior Court in Middlesex County for 25 years. Over that span of time, Judge Le Blon served with distinction and was widely respected for his keen intellect, thorough preparation, and knowledge of the law. He earned a reputation for being a thoughtful and fair-minded judge who could handle the most difficult cases.
“We are thrilled to welcome Judge Le Blon to the firm,” said Craig A. Domalewski, Managing Partner. “Judge Le Blon distinguished himself on the bench and his deep knowledge of the law, broad and varied experience as a judge, and practical approach to resolving disputes will be an enormous benefit to our clients.”
Judge Le Blon handled a wide variety of civil and criminal cases over the course of his judicial career, including personal injury, insurance coverage, professional negligence, employment discrimination, product liability, toxic tort, business disputes, and environmental cases. He presided over hundreds of jury trials and conducted thousands of settlement conferences and mediations while on the bench. He also served as the chancery judge for four years where he handled numerous cases involving the imposition of injunctions, the issuance of temporary restraints, and other cases seeking equitable relief.
Judge Le Blon joins the Hon. William L’E. Wertheimer (Ret.), as a member of the firm’s Mediation, Arbitration and Special Master practice group. They handle mediations, arbitrations, and special master assignments and provide advice to attorneys and clients on trial and appellate court strategies through counseling and mock trial practice.
Dughi, Hewit & Domalewski, P.C. is pleased to announce that seven of its attorneys have been selected to the 2022 New Jersey Super Lawyers and Rising Stars lists. Super Lawyers is a part of Thomson Reuters and is a research and peer-review rating service. This is an exclusive list, recognizing no more than five percent of the attorneys in the State of New Jersey.
The DHD attorneys recognized on the 2022 Super Lawyers List are:
In addition, the firm is also proud to announce that Ryan Notarangelo and Benjamin Forrest were named to the 2022 New Jersey Rising Stars list. Each year, this designation is given to less than 2.5 percent of New Jersey attorneys recognized as the top up-and-coming attorneys who are 40 years old or younger, or who have been practicing for 10 years or less.
…
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection process methodology for the awards referenced is available at SuperLawyers.com
