Merson Law attorneys Daniel May and Noah Werksman recently secured a $2.4 million recovery for the family of a patient who died as a result of medical negligence in Dutchess County, New York. The case presented significant legal challenges, including a last minute attempt by the defendants to avoid responsibility by invoking pandemic related immunity protections.
The Merson Law team successfully challenged those arguments and demonstrated that the hospital and treating physician could still be held accountable for the wrongful death.
Defeating the COVID Immunity Defense
During the COVID pandemic, many healthcare providers argued they were shielded from liability under emergency protections enacted by the State of New York. In this case, the defendants attempted to rely on those protections on the eve of trial, arguing that the hospital and treating physician could not be held responsible for the patient’s death.
Attorneys Daniel May and Noah Werksman successfully defeated those arguments, clearing the path for the family to pursue justice.
This outcome reinforces an important principle: even during public health emergencies, medical providers must still meet fundamental standards of care.
Strategic Reduction of a Seven Figure ERISA Lien
Another major obstacle involved a substantial ERISA lien tied to the decedent’s medical treatment.
Without careful negotiation, the lien could have consumed most of the recovery and left little for the surviving family members.
Through strategic negotiations, Mr. May and Mr. Werksman secured a significant reduction of the seven figure lien, ensuring the settlement meaningfully compensated the family for their loss.
Delivering Justice for Families
The final resolution resulted in a combined $2.4 million recovery for the family.
For the attorneys at Merson Law, the outcome represents more than a financial settlement. It reflects the firm’s commitment to standing up for patients and families even when hospitals and insurers attempt to avoid accountability.
Merson Law continues to represent victims of medical malpractice, birth injury, and catastrophic negligence throughout New York and the greater tri state area.
