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Bennett, Bricklin and Saltzburggreen

practice areas
Medical Malpractice and Health Care
Specialized Attorneys For Specialized Cases

The members of this practice group headed by partner Victoria M. Komarnicki have defended hospitals, physicians, dentists, nurses, physical and occupational therapists and veterinarians against medical malpractice claims as well as pharmacists against prescription error claims. Additionally, this group handles litigation involving drugs and medical devices. Also in the health care area, the firm litigates extensively in Pennsylvania and New Jersey on behalf of first-party insurers against suits arising from denial of medical benefits.

The firm has been involved in the breast implant, heart valve, Dalkon Shield and CU-7IUD litigations. Its attorneys have litigated medical device and prescription and nonprescription drug cases involving prednisone, DES, Dienestrol, eye syringes, phenobarbital, nasal spray, nitroglycerine patches, diet aids, yeast infection cream and other products.

The team specializes in the detailed analysis of cases involving complicated medical causation issues and selects highly credentialed experts to review the records and depositions early in the case so the best defense can be prepared leading to a cost effective settlement or a successful trial. Team members work closely with the clients' in-house experts in developing a defense and in choosing the appropriate fact and expert witnesses.

The team has a record of success in obtaining pre-trial dismissals for its clients. For example, in medical malpractice cases involving the discovery rule and the expiration of the statute of limitations, summary judgment has been obtained based upon detailed depositions of the plaintiffs and treating doctors which revealed that the plaintiffs had knowledge of their injuries and the cause of the injuries more than two years prior to institution of suit. Another example is found in the firm's successful challenges to plaintiffs' market share liability theories in prescription drug cases.

For more information, contact Victoria Komarnicki, e-mail komarnicki@bbs-law.com

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