Law360 (March 29, 2024, 5:02 PM EDT) — A surgeon with Connecticut Orthopaedics lost a scalpel blade during an operation in 2018 and tried to cover his tracks when X-rays revealed it had been sewn into the patient’s shoulder, a federal lawsuit alleges.
James Cooney of Baldwin Place, New York, claimed in his Thursday complaint in the District of Connecticut that Dr. Aaron Schachter fraudulently concealed his surgical malpractice for five years, causing permanent and life-altering injuries that could become fatal. Imaging of Cooney’s shoulder after an unrelated injury in 2023 showed the blade in his right shoulder, requiring a second operation by a different surgeon to remove it, he said.
“Predictably, after years of delay, the blade could not be removed from plaintiff’s shoulder in one piece, as It was friable, disintegrating and falling apart,” the complaint said. “This degradation of the metal is tangible evidence of the microscopic metal particles which create toxic metallosis, which can become clinically evident at any point between nine months and many years later.”
Cooney is represented by John L. Leifert of Denlea & Carton LLP.
Read the full article on law360.com
Many businesses with an online, retail presence have been the recipients of “website accessibility” lawsuits filed by plaintiff’s lawyers and their visually impaired “testers,” alleging violations of the Americans With Disabilities Act, and associated state antidiscrimination laws. Unfortunately, these lawsuits are often engineered more by the lawyers prosecuting them, and less by the visually impaired representatives named in them. We recently moved to dismiss a lawsuit filed against our client, a manufacturer of wilderness and outdoor adventure pre-cooked, ready to eat meals. Because our client was in full compliance with the Website Content Accessibility Guidelines (“WCAG”) and regularly monitored and updated its website, it refused to succumb to Plaintiff’s demand for nuisance value to settle the case. Instead, it moved to dismiss the Complaint in its entirety. Doing so successfully called the Plaintiff’s bluff; rather than oppose the motion, Plaintiff voluntarily dismissed it with prejudice. Congratulations to Craig, Steven and Jeff for helping the client vindicate its rights.
We’re thrilled to welcome Catherine Friesen to the Firm!
A former federal prosecutor in the EDNY, Catherine is an experienced litigator who has practiced extensively in both Federal and New York State Court. As an Assistant United States Attorney in Brooklyn, Catherine served as both lead and co-counsel in complex RICO/racketeering cases, handling all stages of the proceedings from grand jury investigations through pre-trial motions, trials, and appeals. She received two Directors Awards for Superior Performances as an Assistant U.S. Attorney and served as a Deputy Supervisor in the Violent Criminal Enterprises Section.
After moving to private practice, Catherine handled a variety of cases in New York State Court, including land use disputes, municipal law issues, personal injury matters and construction-related lawsuits. She has successfully argued numerous appeals before the Second Circuit Court of Appeals and the First and Second Departments of the New York State Appellate Division.
Catherine is a magna cum laude graduate of Harvard College and received her JD from Columbia Law School, where she was a Harlan Fiske Stone Scholar.
Q. What separates Denlea & Carton from other law firms?
A. A winning culture isn’t just a mindset; it’s a chemistry forged over decades, in the crucible of courtrooms across the country. At Denlea & Carton, we epitomize creative intellect and aggressive advocacy. We have a passionate and unrelenting will to win. We’re experienced trial lawyers, not paper litigators. Our clients require fearless strategists, who fight to ensure a meaningful return on their investment. It’s the reason we enjoy contingency (and alternative) fee engagements, where we share the risk (and reward) of prosecuting a case with our clients. We’re particularly sought after by clients who have a high stakes dispute they can’t afford to lose.
Q. What aspects of your firm makes clients seek your representation?
A. Denlea & Carton’s Commercial Litigation practice represents business owners, entrepreneurs, professional service companies, partnerships, and corporations in a myriad of industries. We pride ourselves in learning the nuances of your business and then crafting an approach that resonates with a judge and jury. We believe effective advocacy starts with compelling storytelling. Every dispute has a protagonist and an antagonist, and requires a strong narrative and cogent story arc. Our ability to communicate (both in writing and orally) in a clear, crisp, and concise manner is one of the hallmarks of our success and has contributed to our recognition by US News & World Report as one of the Best Law Firms for Commercial Litigation.
Q. Does your firm have a primary focus?
A. Denlea & Carton has always prided itself on being the go-to law firm for those with a dispute that cannot be resolved through traditional means of negotiation. As Westchester’s premier litigation boutique, our focus remains singular: litigating disputes to their resolution, whether through mediation, arbitration or the judicial system. Our lawyers have served as federal law clerks, local prosecutors and trained at prestigious Manhattan firms and bring their collective experience to help win your dispute.
Q. How do you measure your firm’s success?
A. Denlea & Carton measures its success by the quality, not quantity, of the matters it handles. We measure success one satisfied client at a time. While we’re humbled to be recognized annually by our peers and various ratings agencies, perennially selected as New York Super Lawyers, Best Lawyers, National Trial Lawyers and Multi-Million Dollar Advocates, it’s the simple thank you, smile, tears (of joy) or client embrace at the end of a hard-fought, successful outcome that is the best barometer of our success.
View original in Hudson Valley Magazine
Congrats to John, Craig and Stan for vacating a nearly seven-year-old default judgment which had been entered against our client in excess of $6 million. Despite the overwhelming odds against upsetting such an old, outstanding judgment, the team swiftly conducted an in-depth, factual investigation, and created a compelling factual narrative as to why the judgment should be overturned. Demonstrating grace under pressure, and aggressive advocacy, the team was able to secure critical testimony (that had not previously been preserved) and used it to persuade the trial judge to vacate the multi-million dollar judgment. Well done, and a terrific result!
