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Steven Lubell and Joshua Bloom of Lubell Rosen Obtain Defense Verdict on Broken Middle Finger in the Bronx, New York


Syosset, N.Y. – March 17, 2015 – Steven L. Lubell, Esq., partner and Joshua Bloom, Esq., associate, both of Fort Lauderdale-based health care and medical malpractice law firm Lubell Rosen, recently won a defense verdict in the representation of their client, defendant Aloysius Smith, M.D., a hand surgeon in the Bronx. The case was handled out of Lubell Rosen’s Syosset office.

Dr. Smith was accused of failing to diagnose and splint plaintiff Lawshawn Peterson’s fractured middle finger. Peterson ultimately needed surgery and as a result, was left with a permanent scar and angular deformity on the tip of his middle finger. On March 11, after a one-week trial, a Bronx jury determined that Dr. Smith’s negligence did not cause any damage to Peterson. Peterson was represented by Richard Berne, Esq. from Brooklyn.

The evidence at trial established that a door slammed on Peterson’s left hand on March 3, 2009, injuring his middle, ring and pinky finger. Peterson presented to the hospital emergency room later than morning. X-rays were read, but the radiologist only reported a fracture to the pinky finger. On March 9, 2009, Peterson reported to the St. Barnabus hand clinic, supervised by Dr. Smith, in the Bronx. No one at the hand clinic nor Dr. Smith reviewed the X-rays; they only relied on the erroneous X-ray report. Consequently, the hand clinic did not properly splint the middle finger and left it mobilized. The middle finger remained mobilized for seven days, until a new splint was placed on the middle finger.

The defense’s case focused on causation. X-ray films established that the fracture became displaced about four weeks after the accident. The evidence also established that a proper splint was placed on Mr. Peterson’s middle finger about 13 days after the accident. X-rays confirmed that as of 17 days following the accident, the middle finger had not become displaced and surgery was not indicated. The displacement occurred sometime between day 17 and day 28, while Mr. Peterson was wearing his splint. Both expert witnesses agreed that even while wearing a splint, a displacement can occur. Lubell argued, therefore, that even if the middle finger was properly splinted during the first 13 days, the displacement would probably have still occurred.

The jury deliberated for one hour and 17 minutes. By a 6-0 decision, the jury determined that the negligence was not the cause of Peterson’s displaced finger or the resulting surgery.

“Defense verdicts in the Bronx are very rare,” Lubell said after the verdict. “We are proud that we were able to successfully defend a good doctor and prove his case to the jury.”

About Lubell Rosen

Lubell Rosen is a law firm dedicated to providing full service representation as well as defending and protecting physicians, health care professionals and businesses in the health care industry. The firm has been named a U.S. Top Ranked Law Firm by FORTUNE Money Magazine. Only the finest attorneys are invited to join the practice. Lubell Rosen’s headquarters are located at 200 S. Andrews Ave., Suite 900, Fort Lauderdale, FL 33301. To reach Lubell Rosen’s headquarters, call 954-880-9500. The firm also has offices in Philadelphia, Pennsylvania; Coral Gables, Florida; Syosset, New York; Upper Saddle River, New Jersey and Atlanta, Georgia. For more information, visit www.lubellrosen.com.

Peter L. Gladstone, Esq. and Jeffrey A. Weissman, Esq. Named Finalists for Lifestyle Media Group’s 2015 Leaders in Law Awards


Boca Raton, Fla. – Feb. 19, 2015 – Peter L. Gladstone, Esq. and Jeffrey A. Weissman, Esq., principals of marital and family law firm Gladstone & Weissman, P.A., were recently named finalists in Family Law for the 2015 Leaders in Law awards, presented by Lifestyle Media Group. The distinguished awards honor the lawyers, law firms, and corporate counsel that promote excellence in law, maintain the highest level of ethics, show a commitment to their community and are proven leaders.

Both Gladstone and Weissman were also named finalists in Family Law for Lifestyle Media Group’s 2014 Leaders in Law awards.

Candidates are judged on outstanding litigation, advocacy, counseling, and advancements to the legal profession, as well as contributions to the advancement of The Florida Bar, such as public service, bar association activities, and pro bono activities.

Finalists and winners will be honored at the Leaders in Law awards ceremony on Wednesday, April 29, 2015, at the Gallery of Amazing Things in Dania Beach, Florida.

Among many other accolades, Gladstone and Weissman were both recently named to the 2015 The Best Lawyers in America© list in Family Law. In 2014, Weissman was named the “Family Law Lawyer of the Year” in the Miami Metropolitan area (Miami, Fort Lauderdale and Boca Raton) by The Best Lawyers in America.

“It is quite an honor for both myself and Mr. Weissman to be named finalists for Lifestyle Media Group’s Leaders in Law awards,” said Gladstone. “Not only do these awards recognize excellence in law and a high level of ethics, but also recognize our dedication to the community.”

With offices in Boca Raton and Fort Lauderdale, Gladstone & Weissman, P.A. handles complex divorce and related family law matters with expertise, integrity and compassion. For more information about Gladstone and Weissman, visit www.gwpa.com/Attorneys.

About Gladstone & Weissman, P.A.

Gladstone & Weissman handles complex divorce and related family law matters. The firm was founded in 1999 by Peter L. Gladstone and Jeffrey A. Weissman, two of South Florida’s Florida Bar Board Certified marital and family law attorneys. The firm’s attorneys are experienced in all areas of domestic relations matters. The firm’s main office is located at 101 Renaissance Centre, 101 North Federal Highway, Suite 702, Boca Raton, FL 33432, (561) 447-2274. Its Fort Lauderdale office is located at Corporate Center, 110 East Broward Blvd., Suite 1700, Fort Lauderdale, FL 33301, (954) 761-9994. For more information, visit www.gwpa.com or call toll-free at 866-974-8960.