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BBO&C partner Michael Regan and Senior Associate Julianne Simeone recently obtained the dismissal of a medical malpractice case during trial in Suffolk County Supreme Court for a hospital client of the firm. The case involved a then 35-year-old male diabetic who alleged that the hospital failed to diagnose an evolving stroke when he presented with a constellation of symptoms that included elevated blood pressure and blood glucose resulting in a myriad of damages. At trial, the plaintiff was present in the courtroom in a wheelchair with a family member who was acting as his aid. The defense team maintained that the hospital staff appropriately diagnosed and treated the patient in accordance with the applicable standard of care and discharged him with appropriate follow-up after a CT of the brain and other testing were negative. During trial, plaintiff's counsel demanded $3 million to settle the matter. However, the case was dismissed during trial by the trial judge after the defense team's voir dire of the plaintiff's expert established that she was not qualified to render opinions as to the standard of care of diagnosing stroke in the emergency department. Congratulations on a result that saved the client the enormous expense of a prolonged trial and the uncertainty of jury deliberations.


It is with great pleasure that Barbiero, Bisch, O’Connor & Commander, LLP announce that Jeffrey P. DeGeorges, Esq. joined the firm as a partner. Mr. DeGeorges has been handling all aspects of medical malpractice defense litigation for almost thirty years. For the last seventeen years, he has tried numerous cases and had dozens of successful trial results in courtrooms in the New York Metropolitan area. Previously, Mr. DeGeorges was a trial partner at several established defense litigation firms in New York, and, during that time, he honed his skills as a trial advocate on behalf of his clients. We welcome Mr. DeGeorges to the firm, and we are proud that he will be assisting BBO&C in the defense of claims involving medical malpractice and nursing home neglect.


BBO&C celebrates three-year anniversary at Nicky's on the Bay!


BBO&C help support East End Healthcare


Partner Joseph Bisch, Esq., recently obtained a defense verdict on behalf of a hospital client in Supreme Court, Westchester County, before the Hon. David F. Everett. The plaintiff alleged that the defendants failed to timely intubate a then 71-year-old male resulting respiratory failure secondary following a motor vehicle accident. The work up consisted of CT scans of the abdomen and pelvis which showed a pelvic fractures and multiple rib fractures with peritoneal fluid secondary thereto, a left-diaphragmatic hematoma, moderately decreased inspiratory effort, and a possible flail chest. The patient was evaluated in the Emergency Department and was not intubated despite mild respiratory deficits. He was ultimately deemed in need of transfer to a tertiary care facility about five hours after arrival at the hospital. Following the patient’s transfer, the patient suffered cardiac arrest secondary to respiratory failure and required an emergent splenectomy, tracheostomy, ventilator placement, and development of DVT and bilateral pulmonary embolisms. As a result, the plaintiff suffered brain damage with cognitive and motor deficits, manifested by periods of confusion and loss of short-term memory, as well as an inability to walk without assistance of a walker or cane, and required 24-hour supervision. After a 2 ½ week trial, the jury was asked to consider two departures centered upon an alleged failure to intubate and an alleged failure to bind the patient’s pelvis prior to transfer. The jury returned a unanimous defense verdict in less than a half hour, and plaintiff’s counsel declined to make any post-trial motions. Congratulations Joe on a hard fought, well deserved victory !


BBO&C is proud to announce that Tracy Abramson, Esq has been elected to become a member of the firm. Tracy, who primarily concentrates her practice on the defense of claims involving medical malpractice and nursing home litigation, has been responsible for developing and executing defense strategies in complex cases involving the firm's hospital, nursing home and physician clients. During her 26 plus year career, Tracy has handled all aspects of such claims, including trial and appellate practice. As a partner in the firm, she will continue in that role and assist in the mentoring of the firm's associates and legal interns. Congratulations Tracy, on the well-deserved recognition of your accomplishments!

Photos from BARBIERO BISCH O'CONNOR & COMMANDER LLP's post 03/17/2023

Tribute to Clifford A Bartlett Jr.


Joseph Bisch successfully defended a self-insured hospital client that was alleged to have delayed in the diagnosis of an evolving myocardial infarction in a 43-year-old male that ultimately required invasive cardiac intervention at another tertiary care facility and extended cardiac rehabilitation thereafter. During trial, Mr. Bisch artfully separated the hospital staff from the co-defendant attending physicians (that the hospital was vicariously liable for), and, after several days of testimony, successfully obtained a stipulation of discontinuance on behalf of the hospital when the co-defendant physicians decided to settle their portion of the case. Congratulations Joe on a victory that saved the client valuable resources and the inherent uncertainty which is always a part of a jury's deliberations.


BBOC LLP proudly celebrates with St Catherine of Siena in support of the Breast Health Center


BBOC LLP is proud to announce the addition of Pamela M. Gleit, Esq as a senior associate with the firm. Ms. Gleit is a 2001 graduate of Hofstra University School of Law where she served as a Notes and Comments Editor to the Law Review. She has extensive experience in the defense of complex tort litigation, including Medical Malpractice, Construction Litigation and General Liability claims, in both State and Federal courts during both the pre-trial and trial phases of the case. She has also briefed and argued multiple appeals before the Appellate Division First & Second departments. Ms. Gleit will assist the BBOC’s litigation and appellate practice teams in the courts in New York City and Long Island. Welcome Pamela!


BBO&C attends Good Samaritan Hospital’s Golf Outing at Glen Oaks to honor Gil & Laurie D’Andrea. A cold day but a fun day!

Photos from BARBIERO BISCH O'CONNOR & COMMANDER LLP's post 08/11/2022

BBOC celebrates two-year anniversary at Nicky’s on the Bay!


The BBOC motion team garnered yet another summary judgment victory dismissing the claims of medical malpractice against their hospital client in the Supreme Court, Suffolk County. Plaintiff alleged that the medical staff at the hospital failed to timely diagnose and treat breast cancer resulting in metastatic disease, prompting the need for chemotherapy, a modified radical mastectomy with reconstruction, axillary lymph node dissection, and radiation therapy. Through the use of a board-certified radiology expert specialized in the interpretation of breast ultrasounds, 2-D and 3-D mammography and MRI’s and a board-certified surgery expert specialized in surgical oncology, the motion team established that the claimed failure to diagnose and treat the patient’s cancer were without merit.



The BBOC Appellate Team successfully rebuffed an Appeal of an Order of the Supreme Court, New York County taken before the Appellate Division, First Department concerning a claim of optical confusion and negligent design of a staircase and railing against our client, a Manhattan based medical facility. Through the use of testimonial and photographic evidence, our Appellate Team established that the final step and landing of the subject staircase, where the plaintiff tripped and sustained significant orthopedic injuries, was open and obvious, was not inherently dangerous and did not create an optical confusion or illusion that precipitated the claimed accident. The Appellate Team further established that their engineering expert’s affidavit and supporting document established a lack of any violations of the New York Building Code and that the stairway and railing were in a safe condition and that the plaintiff’s engineering expert’s opinions were speculative, conclusory, and unsupported by the photographic evidence and deposition testimony of the parties. Accordingly, the Appellate Division, First Department unanimously affirmed the Order of the Trial Court, dismissing the plaintiff’s Complaint in its entirety.



BBO&C is pleased to announce that Partner Joseph Bisch, Esq., obtained a directed verdict in Supreme Court, Suffolk County in a general liability case on behalf of a hospital client. The plaintiff alleged that she sustained multiple serious injuries when a clothing rack had fallen on her. At the conclusion of the plaintiff's case a motion was made for a directed verdict which was granted by the presiding Suffolk County Supreme Court Justice. As the directed verdict was obtained at the conclusion of the plaintiff's case, the verdict was obtained without the hospital having to call any witnesses or experts, thereby shortening the length of the trial, and rendering a cost-effective result for the client.


The BBOC motion team secured another summary judgment victory on behalf of its municipal defendant in an action alleging negligence in the design of a roadway. The accident in question involved a double fatal accident wherein two pedestrians were struck and killed by the operator of a motor vehicle traversing the subject roadway. Plaintiff alleged that the municipal defendant failed to design, construct, and maintain the intersection, lights, signs, crosswalk, pedestrian walk/don’t walk devices and controls including the timing and operation of the same resulting in the two pedestrians walking into oncoming traffic to their demise. The BBOC motion team was able to establish through the use of multiple non-party witnesses, the findings of an exhaustive police investigation into the fatalities, the affidavit of an expert on police policy and procedures, pre- and post-maintenance records for the intersection and control devices to refute each and every allegation of negligence. Through the foregoing information, the motion team was able to establish that the plaintiff’s professional engineering expert’s opinions were speculative and unsupported by the evidence, resulting in a complete dismissal of this catastrophic claim for personal injuries and wrongful death.


BBO&C is pleased to announce that our trial team led by Michael J. Regan, Esq., M.A. and Julianne Simeone obtained a defense verdict in Supreme Court, Suffolk County in a complex medical malpractice case. The plaintiff alleged that she suffered facial paralysis and other significant injuries as a result of a nerve injury suffered during surgery performed by our client to remove a submandibular cyst. The defense presented evidence through surgical and neurological experts and medical records to establish that the plaintiff’s delay in treating her condition together with the anomalies in her anatomy presented unique surgical challenges and that our client’s treatment of the plaintiff comported with the applicable standard of care. After the 8-day fiercely contested trial, the jury took less than an hour to return a defense verdict.


It is with great pleasure that we announce Brian Connor as the newest member of BBO&C. Brian is a valued and integral part of our team, and we bestow upon him this honor due to his consistent work ethic, dedication, and loyalty. He has distinguished himself as an excellent lawyer who practices with integrity and valued mentor who enthusiastically shares his expertise and time to develop the careers of others within the firm. It is a true privilege to have Brian as a member of our team.



BBO 2021 Annual Holiday Dinner at The Bryant

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Central Islip, NY

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