Maynard, O'Connor, Smith, & Catalinotto, LLP

Firm Successful at Trial of Malpractice Claim

admin — Tue, 15 May 2012 20:03:10 +0000

Following prolonged litigation, the firm was successful in obtaining a complete dismissal of all claims brought against several vascular surgeons. The plaintiff had originally asserted claims of medical malpractice and “lack of informed consent” against several members of a vascular group. Rob Rausch successfully moved to dismiss all claims of medical malpractice, and all claims against three of the four original defendants. The matter proceeded to trial against one remaining surgeon based only upon a claim of lack of informed consent. At trial, Rob demonstrated that, in contrast to the plaintiff’s assertions, he was indeed provided with extensive information regarding the surgical procedure, including its risks, benefits, and alternatives. After only one hour of deliberations, the jury unanimously issued a verdict in favor of the defendant and dismissed the case in its entirety.

Law Day 2012

admin — Mon, 30 Apr 2012 15:10:15 +0000

Every year, on May 1st, the country acknowledges Law Day. Law Day was established by President Eisenhower in 1958 as “a special day of celebration by the people of the United States in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and for the cultivation of the respect for law that is so vital to the democratic way of life.”

Kim Goodfriend’s Persian Cat Appears in Times Union

admin — Wed, 25 Apr 2012 13:34:31 +0000

Kim Goodfriend, supervisor of our secretarial team, is the proud owner of a Persian cat named Rayna who recently celebrated her 4th birthday and was featured in the Times Union newspaper. Rayna is from Shensilvers, breeders of champion Silver Shaded Persian cats, located in Front Royal, Virginia. When she was just a kitten, Rayna appeared in the 2010 issue of Kittens USA magazine after placing 3rd in the “Darling Diva” photo contest. She also placed 2nd in the Times Union Classroom Enrichment Cutest Pet Contest in 2010. Rayna’s favorite toy is a ball with a “bell” in it, which Kim named “Bruce,” after the partner she has worked with for more than 15 years–Bruce Bell.

Running for a Cause!

admin — Wed, 18 Apr 2012 19:38:55 +0000

On April 26th in downtown Albany, Maynard, O’Connor Smith & Catalinotto, LLP, will be well represented in the Albany County Bar Association’s 5K Run/Walk Against Domestic Violence. The purpose of this event is to raise money for not-for-profit organizations providing legal and financial assistance to victims of domestic violence. Maynard O’Connor is proud to once again be among the sponsors for this event, and Attorney Kathleen Barclay served on the ACBA’s Law Day Run Committee. Look for our Firm T-shirts in Washington Park on that evening. Registration is taking place all the way up to race time, and is also taking place on-line at: http://www.albanycountybar.com/calendar/event_detail.cfm?ID=163

Firm successful in defense of FOIL claim

admin — Mon, 09 Apr 2012 16:19:58 +0000

The firm successfully defended the Chief of the Chestertown Volunteer Fire District in a claim arising out of a Freedom of Information Law request. In the matter of Maxam and Hayes v. Chestertown, the plaintiffs alleged that the Fire Company and the Chief of the Fire District improperly denied their requests for documents. The firm moved to dismiss the claim against Chief Crossman and demonstrated that he was not a proper party and played no role in responding to the demands. Supreme Court agreed, found that the plaintiff’s claim had no merit, dismissed the case in its entirety, and awarded costs to the defendants. The plaintiffs appealed to the Appellate Division, Third Department. Rob Rausch argued the appeal on behalf of Chief Crossman. In a Decision rendered on March 29th, the Appellate Division affirmed, and unanimously agreed that there was no merit to the claim against Chief Crossman.

Firm Presents Seminar on Depositions of Medical Professionals

admin — Wed, 21 Mar 2012 13:31:37 +0000

On March 20th, Rob Rausch and Alex Stabinski spoke to a group of critical care nurses, residents, and respiratory therapists on the topic of Depositions. Their program included an introduction to depositions, an explanation of the fundamentals of depositions, recommendations and strategies for testifying, and several interactive mock depositions. The program was sponsored by the Association of Critical Care Nurses and hosted by Albany Medical Center. Over 150 participants attended the event.

Catalinotto Prevails in School District Case

admin — Wed, 22 Feb 2012 19:02:43 +0000

Upon conclusion of a week long trial in Ulster County New York, Michael E. Catalinotto Jr. obtained a successful defense verdict on behalf of the defendant Onteora Central School District. In that case entitled Bednarz v Onteora CSD, the plaintiff claimed she was injured as a result of contact between she and her physical education teacher during a two-on-two basketball game during a high school physical education class. After submitting proof that the plaintiff never reported any incident or injury while at school, and that she continued to work in a physically demanding job for weeks following the alleged occurrence, the Jury agreed with the Defendant that there was no valid claim that the high school gym teacher acted negligently, or that the plaintiff’s chronic pre-existing back condition was related to or worsened by the alleged incident.

Firm is Successful in Defense of Products Liability Claim

admin — Mon, 13 Feb 2012 15:21:09 +0000

The firm was recently successful in defense of a products liability claim against a manufacturer of pool chemicals. The plaintiff maintained that when mixing the chemicals with water inside her home, she was exposed to noxious fumes and sustained respiratory injuries. The plaintiff sued the pool supply company who, in turn, commenced a third-party action against the manufacturer, claiming that the manufacturer was negligent in failing to include clearer instructions and warnings with the product. Robert Rausch moved to dismiss the third-party action, and argued that the plaintiff had testified that she had never read the packaging and instead relied on the instructions given to her by the pool supply company’s employee. Supreme Court granted the motion and agreed that if there were any deficiencies in the packaging, they could not be the proximate cause of plaintiff’s injuries.

Professional Licensure Discussed

admin — Mon, 06 Feb 2012 14:31:38 +0000

On January 25, 2012, Anne-Jo Pennock McTague presented a seminar to the Albany Chapter of the American Psychiatric Association on the topics of Preventing Malpractice Claims and Licensure Iissues, in Albany. The malpractice portion covered the legal process, the most common causes of action against psychiatrists, protective measures to either prevent suits or make them easier for counsel and experts to defend.

Also discussed were the Administrative Agencies which regulate licensure ; and the investigations of the State Health and Education Departments after a complaint is made. Included in this portion of the presentation were ways to protect your license, the definition of Professional Misconduct, Unprofessional Conduct and likely scenarios and sanctions and penalties.

TOBIN OBTAINS DEFENSE VERDICT IN EXCESSIVE FORCE CASE

admin — Wed, 25 Jan 2012 21:06:45 +0000

Attorney Ed Tobin obtained a defense verdict in Federal District Court on behalf of local Police Officers accused of using excessive force while arresting plaintiff. Mr. Tobin presented evidence that the use of pepper spray and tasers was reasonable and necessary to perform the lawful arrest of the plaintiff under the circumstances. Plaintiff was in possession of illegal narcotics and handguns and the jury recognized that the officers were lawfully performing their duties and used the amount of force reasonably necessary when plaintiff began to fight the officers, injuring one of them. The Firm is pleased to have had the opportunity to defend such stalwart local police officers. Aaron Carbone, Esq. assisted Mr. Tobin in the defense of this case.