Maynard, O’Connor, Smith & Catalinotto partner, Thomas G. Daley, Esq. successfully defended a medical malpractice lawsuit venued in Albany County.  The case, Maloney v Kerner, involved an allegation that the infant plaintiff sustained a brachial plexus injury (Erb’s Palsy) as a result of a shoulder dystocia condition encountered at the time of birth.  The plaintiff contended that the defendant obstetrician improperly performed maneuvers at the time the shoulder dystocia condition was discovered so as to cause a permanent injury to the infant plaintiff.  The plaintiff produced expert proof that the injury sustained by the infant could only have occurred as a result of the obstetrician improperly placing lateral traction on the head of the child before the shoulder dystocia condition was relieved.   The defendant testified that no lateral traction was placed on the head of the child once the shoulder dystocia condition was diagnosed.  Also, the defendant obstetrician had delivered multiple children in the past with shoulder dystocia conditions, with none of those children sustaining any injuries.  Also on behalf of the defense, a board certified obstetrician testified that the management by the defendant of the shoulder dystocia condition, which is considered a life-threatening obstetrical emergency, was proper and in agreement with all accepted standards of care.  Further, the defense called a pediatric neurologist who testified that the birth injury sustained by the child occurred as a result of maternal propulsive forces.  The trial started on July 19, 2010 and a jury returned a unanimous verdict in favor of the defendant on July 26, 2010.

Associate Attorney, Lauren L. Hunt, participated in the American Diabetes Association’s Tour de Cure on June 6, 2010. Lauren, who was not a cyclist but is always looking for a new challenge, decided to tackle the “metric century” bike ride of 62.5 miles. June 6th dawned dark and stormy and as Lauren and her team pushed off for the metric century ride at 7:30 AM they were met with heavy rain and a decent headwind. Not one to let “some rain” deter her after months of training, Lauren completed her ride with her best time yet – 5 hours and 45 minutes. She finished happy to have met the challenge, looking for a towel, and (more importantly) looking forward to next year which will “hopefully be better weather!”

Lauren raised more than $1,200 for the Tour de Cure, which is the American Diabetes Association’s annual fundraiser. She rode in honor of James Edward Carter II who fought a valiant battle with diabetes for much of his 24 years before his loving family and friends had to say goodbye to him.

Our newest Associate Attorney Lauren L. Hunt was recently profiled in the New York Bar Foundation Newsletter for her work as the Joan L. Ellenbogen Fellow at the Capital District Women’s Bar Association’s The Legal Project in Albany, NY – an organization which provides free representation to the working poor.  Lauren, a native of Buffalo, NY, spent her six month fellowship providing representation to victims of domestic violence in contested and uncontested divorces and a variety of Family Court matters.  While a fellow, Lauren managed a caseload of more than 20 clients, appeared on the record countless times, successfully negotiated multiple settlements, and conducted (and won) her first solo trial.  Lauren calls the experience “rewarding both personally and professionally” and states that “my work as a fellow solidified my commitment to this practice area and to providing zealous, yet compassionate, representation for all of my clients.” 

Lauren recently joined the firm’s Family and Matrimonial Law practice area as an Associate Attorney.

Rob Rausch, a partner in the law firm, was recently interviewed and featured in the Times Union’s Runners Blog. The Times Union website has a blog dedicated to running that occasionally interviews local runners they call “frunners” (fellow runners). After completion of the Vermont Marathon, Mr. Rausch was asked to do an interview for the Times Union Runners’ Blog.

Mr. Rausch is an avid runner, and attributes this to joining the Maynard, O’Connor, Smith & Catalinotto firm in 1997, when he was asked to be on the team for the Corporate Challenge. Since then, Mr. Rausch has been very active in the Albany County Bar Association’s Law Day Run Against Domestic Violence and the Leukemia & Lymphoma Society’s “Team in Training.”

Click here for the full Times Union Runners Blog article.

Maynard, O’Connor Partner Thomas G. Daley, successfully defended a medical malpractice lawsuit venued in Rensselaer County.  The case, the Estate of Clow v Albany Medical Center Hospital and Albany Medical College, involved an allegation that the decedent was improperly and inadequately treated and monitored for injuries sustained in a motor vehicle accident.  The plaintiff contended that the defendants allowed a condition known as abdominal compartment syndrome to develop which caused the death of Mr. Clow. Expert medical proof was produced for the consideration of the jury that established that when abdominal compartment syndrome did develop, it was immediately detected and treated.  Further, the medical evidence established that the true cause of death was an underlying heart condition which was essentially untreatable.  The trial started on June 1, 2010 and a jury returned a unanimous verdict in favor of the defendants on June 11 after deliberating approximately seven hours.

On June 3, the Capital District Trial Lawyers’ Association  presented senior partner Michael E. Catalinotto with the “Daniel Mahoney Memorial Award,” in acknowledgement of his 50 years of service to the legal community.  The award is given annually to an attorney who demonstrates outstanding commitment and service to his clients, the Bar and the legal profession. 

In addition, the New York State Senate and Assembly both issued official formal proclamations honoring Michael.  The Senate proclamation, Bill #J5582, reads in part, “WHEREAS, it is the custom of this Legislative Body to acknowledge outstanding individuals whose professional lives, personal endeavors and community service are an example and inspiration to their colleagues, friends, and family….,and WHEREAS, Throughout the entire period of his professional and community service, a period of constructive involvement, Michael Catalinotto has stood constant in dignity, good grace and humor, and has earned the respect and admiration of his colleagues, family and friends; and WHEREAS, Rare indeed is the impressive dedication shown by an individual for the benefit of others which Michael Catalinotto has displayed throughout his life; and WHEREAS, It is the sense of this Legislative Body that when individ uals of such noble aims and accomplishments are brought to our atten tion, they should be recognized by all the citizens of this great Empire State; now, therefore, be it RESOLVED, That this Legislative Body pause in its deliberations to honor Michael Catalinotto upon the occasion of his designation as recip ient of the Daniel Mahoney Memorial Award by the Capital District Trial Lawyers Association.”

The full text of the Senate proclamation may be found here.

For more about Mike, click here.

On May 31st, Rob Rausch, a partner in the firm, participated in the Vermont City Marathon in Burlington, Vermont.  Approximately 3,600 runners participated in the 26.2-mile race, on a scenic and challenging course that wound through downtown Burlington, suburban neighborhoods, and bikepaths alongside Lake Champlain.

Rob completed the marathon in 3:55:58.  This was Rob’s fourth marathon.

The Maynard, O’Connor team will make its debut appearance at Americade 2010 in Lake George, N.Y. Tuesday, June 8 to Saturday, June 12 operating a booth at the Americade Expo, located in the Lake George Forum off Main Street in the village.

The purpose of our presence at Americade is two fold.  First and foremost, we will be raising funds for one of our clients, Shane Foss, a 23-year-old man who suffered devastating and permanent injuries during a motorcycle accident in September 2009.  Shane is a remarkable man who is now unable to continue his career as a resident counselor working with the mentally handicapped at Alternative Living Group.  We will raffle off several items donated by local motorcycle dealers and will collect donations to help Shane with his escalating medical and living expenses.

In addition, we will raise money to promote motorcycle awareness through a public radio campaign.  It’s that time of year… the weather is warming up and motorcycles are everywhere.  Several members of the Maynard, O’Connor team and their families are motorcycle enthusiasts, and we are asking that automobile operators take a second look while they’re driving and share the road with their two-wheeled counterparts.  Remember, a second look can save a life.

If you’re in the area, stop by our booth at Americade, enter to win one of our raffle prizes and help out Shane.  If you would like to make a donation, please send a check payable to the Shane Foss Motorcycle Awareness Fund to:

On May 26th, 16 members of the firm competed in the 30th annual Workforce Challenge, a 3.5 mile run/walk throughout downtown Albany.  this year, a record 8,800 participants, from 450 seperate companues, turned out for the event.  Proceeds from the race support this year’s honored chairty, the Boys & Girls Club of Albany.

“Team Maynard” ranked 122nd overall and was listed as the fastest law firm!

The Maynard Team at the 2010 corporate challenge -- the fastest law firm!

Attorney Kathleen Barclay was elected to serve on the 2010-2011 Capital District Women’s Bar Association’s Board of Directors. The Women’s Bar Association works to promote the advancement of Capital Region women involved in or affected by the legal profession, to encourage the fair and impartial administration of justice, and to provide public service and community education.

Kathleen works out of the firm’s Albany office and focuses her practice in the areas of medical malpractice defense, general liability defense, insurance coverage and errors and omissions coverage. She is a working mother of one son, Trey, and is expecting her second child in late 2010.