Dughi, Hewit & Domalewski, P.C.

DHD SECURES DIRECTED VERDICT

Mark Petraske recently obtained a directed verdict at the conclusion of plaintiff’s case after three weeks of trial. The case involved allegations that the plaintiff’s nerve root was injured during a posterior cervical spine decompression surgery performed by an orthopedic spine surgeon and a neurosurgeon represented by the firm. This surgery was done 4 months after another surgeon had done an anterior discectomy. The plaintiff argued that there was liability because he was a co-surgeon and responsible as a co-captain of the ship. Mr. Petraske successfully argued that this theory of liability was no longer valid in New Jersey and that the proofs against the surgeon had to stand alone. Mr. Petraske also argued that because the detached rootlets were viewed during the second surgery they were likely injured in a prior surgery. Mr. Petraske also argued that here was a lack of proof that the surgeon he used any instruments during the cervical spine decompression surgery on the injured side. The evidence that was put in during the plaintiff’s case demonstrated that he did not operate in that location. The Court agreed with the defense arguments and entered a directed verdict. The matter is continuing against the surgeons in the first and second surgeries.

Mark Petraske is the Co-Chair of DHD’s Medical Malpractice Defense Department. Mr. Petraske is a Certified Civil Trial Attorney and throughout his distinguished career has successfully represented healthcare professionals and institutions in professional negligence cases. Since March 2022, Mr. Petraske has started 17 trials, and secured 11 defense verdicts. Three cases involved mistrials due to plaintiff-related issues, one has been retried to a defense verdict. Three matters settled during trial for the initial offers. Two of the cases have resulted in published appellate decisions, along with two unpublished Appellate decisions in cases where he had secured dismissals on behalf of DHD’s clients.

DHD Secures Dismissal of New Jersey Lawsuit Based on The First-Filed Rule

Dughi, Hewit & Domalewski, P.C. recently obtained a dismissal of a lawsuit based on the Court’s application of the First-Filed Rule. The case involved complex issues and millions of dollars in alleged damages arising from a merger transaction. The firm’s clients – who were the nominal defendants in the New Jersey action – had previously filed a similar lawsuit in Delaware against substantially the same parties and sought to have the New Jersey action stayed or dismissed in deference to the earlier-filed Delaware action.

Under New Jersey’s First-Filed Rule, in the absence of special equities to retain jurisdiction, a state court will dismiss or stay a lawsuit if there is an already pending, substantially similar lawsuit in another state. In this matter, DHD demonstrated that the prior filed Delaware lawsuit was substantially similar to the subsequently filed New Jersey action and overcame arguments that special equities existed which would justify the New Jersey Superior Court retaining jurisdiction.

This was a very significant outcome for DHD’s client, as it eliminated a costly, two-front legal battle and ensured that the parties’ dispute will be decided in the forum selected by our clients.

Craig A. Domalewski handled this matter and successfully argued the motion to dismiss. Mr. Domalewski was assisted by Ryan A. Notarangelo on the brief.

Brandon Minde to Moderate NJICLE Criminal Law College: Effective Strategies For 2024

Dughi, Hewit & Domalewski, P.C. is proud to announce that Brandon D. Minde, past-Chair of the NJSBA Criminal Law Section and Past Trustee of the NJSBA, will be the Moderator at the NJICLE Criminal Law College: Effective Strategies for 2024, July 11, 2024.

This program is designed for legal professionals at every level, this program is the best way to get up to speed – and stay up to speed – with the latest developments in New Jersey criminal law, including groundbreaking trends like artificial intelligence. The expert-led panels will equip you with the tools to achieve the best results for your clients, handle cases more efficiently, and stay at the forefront of legal innovation. From new methods to the latest courtroom developments, you’ll hear directly from New Jersey’s top experts as they share their expertise, techniques, and more.

The panels that Mr. Minde will moderate include: “Present Techniques That Work: Crafting Winning Narratives”; “Future Developments: Embracing AI in Criminal Law”; and “Past Trials: Lessons from the Legends.”

Click here to register: https://njsba.com/event/njicle-criminal-law-college-effective-strategies-for-2024/

Mr. Minde is the head of Dughi, Hewit & Domalewski’s criminal law department, is a former Essex County Assistant Prosecutor, and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.

Stewart A. Cunningham Joins Dughi, Hewit & Domalewski, P.C.

Dughi, Hewit & Domalewski, P.C. is pleased to announce that Stewart A. Cunningham has joined the firm as a partner in its Cranford office. Mr. Cunningham is a well-respected civil trial and health care attorney.

Mr. Cunningham has built an outstanding reputation over the course of his career by his representation of hospitals and their medical staffs, physicians, healthcare professionals, pharmaceutical companies and medical device manufacturers. Mr. Cunningham has tried over 20 cases to verdict and has consistently achieved successful outcomes and verdicts in favor of his clients in state and federal court in New Jersey. Mr. Cunningham’s complex civil litigation experience includes the defense of parties in pharmaceutical and medical device defense cases involving breast implants, pharmaceutical agents and prosthetic devices.

In addition to his stellar career as a civil litigation attorney and trial lawyer, Mr. Cunningham also has substantial experience as a health care attorney. Mr. Cunningham served as Vice President of Legal Services and General Counsel at Saint Michael’s Medical Center in Newark, New Jersey for more than a decade and, in that capacity, he provided legal advice to senior management and the board of directors on a wide range of issues, including corporate compliance and fraud and abuse related matters, internal and government investigations, physician compensation arrangements, employment issues, and medical staff related matters.

Mr. Cunningham currently represents the medical staff of a major New Jersey hospital, providing advice to the President of the Medical Staff, the Medical Executive Committee, and senior hospital administration on a variety of matters, including Medical Staff Bylaws related issues, Corrective Action activities, including serving as counsel for the Medical Executive Committee in Fair Hearings, and reporting to the National Practitioner Data Bank and state authorities. Mr. Cunningham also provides representation to physicians and other healthcare professionals in matters before the New Jersey State Board of Medical Examiners and the New Jersey Office of the Attorney General.

Dughi, Hewit & Domalewski, P.C. is excited that Mr. Cunningham has chosen to continue his career with the firm. He will continue to handle complex civil litigation including presentation of hospitals and their medical staffs, physicians, healthcare professionals, pharmaceutical companies and medical device manufacturers, and will add further depth and experience to the firm’s health care law practice.

DHD was proud to support Common Ground Grief Center last week at its annual Clambake at Martell’s Tiki Bar. We had a wonderful time participating in this annual event to benefit children, teens, young adults and their families grieving the death of a loved one. It was a fun and inspirational evening and we look forward to supporting next year’s event!

WE’RE HIRING!

Litigation Associate

Dughi, Hewit & Domalewski, P.C. is seeking an Associate Attorney with 2-7 years of civil litigation experience to work in the firm’s growing civil litigation practice group. We offer a competitive compensation package and provide meaningful opportunities for our associates to work directly with our clients and with our partners to develop professionally. We are looking for individuals with strong research, writing, and communication skills to join our team. Candidates should have experience preparing and responding to written discovery, pleadings, and motions. Trial, deposition, and oral argument experience is a plus, but not a requirement. Salary commensurate with experience. Excellent benefit package.

For 45 years, Dughi, Hewit & Domalewski, P.C. has established itself as a leading New Jersey civil litigation firm. With nearly three dozen attorneys and three different offices, the Firm has a statewide practice, and our candidate can work from any of our New Jersey office locations. The Firm seeks to cultivate a team of highly skilled attorneys from different backgrounds. Our belief is that the quality of the people at the Firm is critical to our continuing ability to undertake sophisticated legal work and to provide top-level service to our clients. Our associates work collaboratively with our clients and partners which allows for hands-on experience and significant opportunities for mentoring and professional development.

If this sounds like the right opportunity for you, please email your resume in confidence to our Office Manager, Johanna Desiderio, [email protected].

Welcome to Our 2024 Summer Associates!

Please join us in welcoming Ashley Mitrow and Thalia Holst as our 2024 summer associates! We are very excited to work with Ashley and Thalia this summer as they advance their professional development by gaining real-world experience and working with the lawyers at our firm.

Dughi, Hewit & Domalewski, P.C. is proud to announce that nine of its attorneys have been selected to the 2024 New Jersey Super Lawyers and Rising Stars lists.

Super Lawyers is a part of Thomson Reuters and is a research and peer-review rating service. The Super Lawyers selection process comprises hundreds of thousands of statewide or regional surveys supplemented by a comprehensive examination of each nominee’s background and experience, focusing on such criteria as verdicts and settlements, transactions, representative clients, honors and awards, educational background, and any other outstanding achievements. Only 5 percent of the total lawyers in the state are selected for inclusion in Super Lawyers, while only 2.5% of attorneys under the age of 40 or who have been practicing for ten years or less will be selected as Rising Stars.

The DHD attorneys recognized on the 2024 Super Lawyers List are:

Craig Domalewski for Business Litigation
Brandon Minde for Criminal Defense
Mark Petraske for Medical Malpractice
Rachel Schwartz for Medical Malpractice
Ben Haftel for Medical Malpractice
Kristin Capalbo for Family Law

In addition, the firm is also proud to announce that Ryan Notarangelo, Alexa Luzzi and Cara Anan were named to the 2024 New Jersey Rising Stars list.

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For more information about the selection process methodology for the awards referenced above, please visit SuperLawyers.com

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

DHD Trial Victory – Mark Petraske Secures 10th Consecutive Defense Jury Verdict

Mark Petraske secured another defense verdict after a 7-week trial in Camden County. Mr. Petraske represented an Emergency Room physician in a significant personal injury case brought on behalf of a 54-year-old woman who died after presenting to the Emergency Room with necrotizing fasciitis and severe sepsis. Plaintiff alleged that the surgical team delayed in bringing the patient to the operating room by doing unnecessary imaging and engaging in poor decision making and that the Emergency Room doctor delayed in starting antibiotics and fluid resuscitation and failed to communicate with the surgical team in a timely manner which delayed the patient from receiving timely surgical intervention. Mr. Petraske defended the allegations against the Emergency Room physician on both liability and causation grounds and, while the orthopedic attending was found negligent, the Emergency Roon physician was determined to be not negligent by the jury.

Mark Petraske is the Co-Chair of DHD’s Medical Malpractice Defense Department. Mr. Petraske is a Certified Civil Trial Attorney and throughout his distinguished career has successfully represented healthcare professionals and institutions in professional negligence cases. Since March 2022, Mr. Petraske has started 16 trials, and secured 10 defense verdicts. Three cases involved mistrials due to plaintiff-related issues, one has been retried to a defense verdict. Three matters settled during trial for the initial offers. Two of the cases have resulted in published appellate decisions, along with two unpublished Appellate decisions in cases where he had secured dismissals on behalf of DHD’s clients.

DHD hosted our annual holiday celebration where we toasted a year of great achievements for our firm and clients. We look forward to the year ahead and wish all a joyful holiday season and a happy new year!

Dughi, Hewit & Domalewski, P.C. Ranked in 2024 "Best Law Firms"

Dughi, Hewit & Domalewski, P.C. is proud to announce that it has been ranked in the 2024 Best Lawyers® "Best Law Firms". The firm was recognized by Best Law Firms® as a Metropolitan Tier 1 firm in New Jersey for Commercial Litigation.

The 2024 edition of Best Law Firms® includes rankings in 75 national practice areas and 127 metropolitan-based practice areas.

To view Best Law Firms Methodology, click here: https://www.bestlawfirms.com/methodology

Dughi, Hewit & Domalewski, P.C. is a mid-size New Jersey firm which combines the skill of a large firm with the individualized service of a small firm to deliver exceptional and cost-effective results for our clients. The firm has a statewide practice with 3 offices in New Jersey, more than 30 lawyers, and a 40-year history of successfully representing clients in a wide range of complex litigation and other legal matters.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome.

DHD enjoyed supporting the Jewish Law Symposium and participating in this wonderful annual event with so many colleagues and friends.

DHD LITIGATION VICTORY – MARY BETH GAZI SECURES DISMISSAL OF WRONGFUL DEATH LAWSUIT

Mary Beth Gazi recently secured the dismissal of a wrongful death lawsuit against a nurse practitioner based on the statute of limitations. In the lawsuit, the nurse practitioner was not named in the original complaint. After initial written discovery and depositions, plaintiff’s counsel was permitted to amend the complaint to add the nurse practitioner despite the objection of Ms. Gazi that the amendment was improper because the claim was time-barred. Subsequently, Ms. Gazi filed a motion for summary judgment and argued that the claim should be dismissed based on the statute of limitations because the consultation notes contained in the pertinent records clearly listed the nurse practitioner’s name and employer, and the records also contained two typed consultation reports by the nurse practitioner. The motion for summary judgment was opposed by plaintiff who argued that the claim was not time-barred and permissible under the fictitious pleading rule because “John Doe” parties were included in the original complaint. Under New Jersey law, the fictitious pleading rule allows a litigant to preserve a cause of action when the litigant knows the nature of the claim but does not know the identity of the alleged tortfeasor. After a lengthy oral argument, the trial court granted the motion for summary judgment and held that the claim was barred under the statute of limitations. In so ruling, the court rejected plaintiff’s effort to rely on the fictitious pleading rule based on its determination that plaintiff failed to use proper diligence because the nurse practitioner’s identity could have been ascertained by a thorough review of the records before the expiration of the statute of limitations.

Dughi, Hewit & Domalewski, P.C. Names Brandon Minde to Firm’s Executive Committee.

Dughi, Hewit & Domalewski, P.C. (DH&D) is excited to announce that Brandon D. Minde has been promoted to the Executive Committee and will join Craig A. Domalewski and Russell L. Hewit in the management of the firm. “Brandon has been with us for ten years and he has made a significant contribution to our firm,” said Mr. Domalewski. “Brandon has made DH&D a better firm and we look forward to his continued contribution to the firm’s growth and success as a member of our management team,” added Mr. Hewit.

Mr. Minde is a certified criminal defense attorney and former prosecutor. He leads the criminal defense and regulatory practice group at DH&D and is also a member of the firm’s civil litigation and trial practice group, with a focus in complex civil litigation.

Dughi, Hewit & Domalewski, P.C. has a statewide practice in all state and federal courts in New Jersey, with 3 offices in New Jersey, more than 30 lawyers, and a 40-year history of successfully representing and advocating for clients in a dozen different areas of practice.

FOR IMMEDIATE RELEASE: Atlantic City, New Jersey – September 5, 2023

Dughi, Hewit & Domalewski, P.C. (DH&D) is pleased to announce the addition of six litigation attorneys and the opening of a new office in Absecon, New Jersey.

Timothy M. Cramer, David Bishop, and Timothy B. Crammer, from the law firm of Crammer & Bishop, have joined DH&D in the firm’s civil litigation practice group and will be located in the firm’s new office in Absecon. Tim M. Crammer, Dave Bishop, and Tim B. Crammer are highly experienced and respected litigation and trial attorneys. They add significant depth and breadth to an already deep litigation and trial team at DH&D.

Craig A. Domalewski, Managing Partner of DH&D, stated: “We are thrilled that Tim, Dave, and Tim have joined our firm. They are great lawyers and, together with the opening of a new office in Atlantic County, allow us to grow our presence and better serve our clients in South Jersey.”

“We are excited about joining Dughi, Hewit & Domalewski, P.C. It is an excellent law firm with an outstanding reputation and a talented team of litigation and trial lawyers and support staff. We believe joining DH&D, with its statewide practice in all state and federal courts, will serve the best interests of our clients,” stated Timothy M. Crammer.

DH&D is also pleased to announce the addition of three more lawyers — Benjamin H. Haftel, Mary Lou Dennis-Suckow, and Janet Glore. Mr. Haftel is a gifted litigation and trial attorney and Ms. Dennis-Suckow and Ms. Glore are highly accomplished litigation attorneys with a broad range of civil litigation experience.

“Ben, Mary Lou, and Janet grow the talent pool of experienced, high-caliber litigators at DH&D and allow the firm to continue to deliver the best legal representation and advocacy to our clients.” Mr. Domalewski added.

About Dughi, Hewit & Domalewski, P.C.
Dughi, Hewit & Domalewski, P.C. has a statewide practice with 3 offices in New Jersey, more than 30 lawyers, and a 40-year history of successfully representing and advocating for clients in a dozen different areas of practice. Mr. Domalewski stated the additions of these six experienced litigation and trial attorneys will enhance DH&D’s position as one of the state’s best boutique law firms: “As a medium-sized law firm in New Jersey, we pride ourselves in offering clients the skill and resources of a big New Jersey firm, but without the crippling costs. We strive to deliver to our clients individualized attention and professional excellence in each representation. The changes we are announcing today will further support our unique position in the New Jersey legal marketplace and ensure we can continue to provide our clients with high-quality legal service and fierce advocacy at an affordable price.” For more information, please visit dughihewit.com

Contact

Telephone: (908)272-0200
Email: [email protected]
Website: https://www.dughihewit.com/

Craig A. Domalewski Named to 2024 Best Lawyers® List

Dughi, Hewit & Domalewski, P.C. is pleased to announce that Craig A. Domalewski has once again been included in the 2024 edition of The Best Lawyers in America® for Commercial Litigation (a trademark of Woodward/White, Inc.). First published in 1983, The Best Lawyers in America is one of the oldest and most respected peer-review publications in the legal profession.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to ensure they are in current practice and in good standing.

Read more about the Best Lawyers selection process: https://www.bestlawyers.com/methodology

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome.

DHD Success with Division of Consumer Affairs

DHD trial attorney Brandon Minde successfully represented a client in an investigation conducted by the New Jersey Division of Consumer Affairs, Office of the Attorney General (“the DCA”). After two complaints were made against DHD’s client, the DCA commenced an investigation and issued a Notice of Violation. Mr. Minde was able to persuade the DCA to withdraw the Notice of Violation as to DHD’s client based on his presentation of facts to the DCA which discredited the underlying basis for the complaints.

Mr. Minde has significant experience with civil and criminal matters involving the Office of the Attorney General. His practice focuses on representing individuals and businesses charged with criminal offenses or who are the subject of criminal or government investigations, defending physicians and hospitals in medical malpractice lawsuits and professional licensing board investigations, and handling complex civil-litigation matters.

DHD enjoyed supporting New Jersey Hospital Association’s Best at the Beach and celebrating all the Healthcare Heroes!

DHD Trial Victory - Mark Petraske Secures 9th Consecutive Defense Jury Verdict

Mark Petraske secured another defense verdict after a 9-day trial in Middlesex County. Plaintiff alleged that a cataract surgery was performed improperly that resulted in a near loss of vision in the eye. During the insertion of the artificial lens the trailing haptic broke which required the artificial lens to be cut up and removed piece by piece. A new lens was inserted, and the patient was seen on post operative day one. On post op day one the cornea was noted to have significant edema, a known risk of any cataract surgery. The patient had a history of uveitis and an ocular herpes virus that was quite in the eye leading up to surgery. The defendant doctor believed that the virus may have been reactivated due to required extra surgery and began an aggressive course of therapy to resolve the corneal edema. Ultimately, she achieved 20/50 vision under the doctor’s care but could not recover the central portion of the cornea and a referral to a corneal specialist was made. After consulting with several cornea specialists, the plaintiff underwent a cornea transplant but due to some technical issues only achieved a 20/400, uncorrected vision. She now must wear a scleral lens to be able to correct to 20/25. The defense argued that many of the things she is claiming as current complaints pre-existed the surgery, and that her complaints of vertigo were not ocular complaints at all and were being treated by a neurologist on referral from her ophthalmologist. The jury returned a verdict of 5-1 in favor of the doctor, after just under an hour of deliberations. This defense verdict continues a streak of 9 defense jury verdicts -- in 5 different counties -- since May 2022.

Latte with a Lawyer’s Conversation with DHD Trial Partner Brandon Minde

Latte with a Lawyer is a podcast featuring the stories of attorneys and their strategies and tactics for making an impact in their profession. This 30-minute podcast explores Brandon’s current practice, background, and how he has achieved success as a certified criminal trial attorney who puts his clients first.

Brandon Minde, Trial Partner at Dughi, Hewit & Domalewski Season 3 Episode 19 by Latte With a Lawyer His practice focuses on representing individuals and businesses charged with criminal offenses or undergoing criminal investigations, defending physicians and hospitals charged with medical malpractice, and professional board investigations, and handling complex civil-litigation matters. Representin...

Mark Petraske continued his jury win streak with his 7th defense jury verdict in a row following a 6 day jury trial.

In Camp v. Scimeca, plaintiff alleged the defendant physician deviated from accepted standards in failing to diagnose and treat glaucoma in the plaintiff’s left eye, resulting in permanent loss of vision. Plaintiff, an avid reader and author, had presented to the defendant ophthalmologist with complaints of loss of peripheral vision and was found to have elevated intraocular pressure. Defendant physician prescribed medication to increase the outflow of the fluid within the eye (aqueous humor) to reduce the pressure, which initially was effective, but the patient was not able to tolerate the medication. The patient then underwent two laser procedures to reduce the intraocular pressure, which also was initially effective, but the pressure ultimately crept back up. The patient went to another eye surgeon and underwent a shunt procedure, the placement of a tube directly into the eye to drain the fluid to reduce the patient’s intraocular pressure, but the patient nevertheless lost 90% of her peripheral vision in her left eye. Plaintiff’s expert opined that defendant physician should have performed the shunt procedure much earlier and that had he done so plaintiff would not have lost her eyesight. The defense demonstrated that the doctor maintained intraocular pressure below the 30 mm Hg threshold that damages the optic nerve, a standard with which the plaintiff’s expert agreed. Using literature supplied by plaintiff’s expert, the defense demonstrated that it would have been inappropriate to do the shunt procedure until it was clear that the less risky and less invasive treatments of medication therapy and laser therapy were not working. The jury returned a unanimous verdict that the defendant was not negligent in his treatment.

DHD Lawyers Secure Two Jury Trial Victories

Russ Hewit obtains defense verdict in suit for the wrongful death of a 35 year old married mother of two.

In Teixeira v. Khazaei, tried in Union County, Marlenes Teixeira, a 35 year old 1st time mother delivered healthy baby twins. Within an hour of delivery and for the next 3-4 hours, she developed elevated blood pressures that fluctuated into the severe range. She suffered a cerebral hemorrhage four and half hours after delivery and then passed 5 months later. Plaintiffs sued her treating obstetrician and the resident and labor and delivery nurse providing postpartum care for failure to diagnose and treat preeclampsia and postpartum hypertension. Plaintiff called an obstetrical expert on the standard of care and a neurologist and neuroradiologist that decedent’s cerebral hemorrhage was caused by untreated hypertension. Decedent was a public-school principal in Elizabeth and plaintiff’s economist testified that net economic damages exceeded $6.8 million. Plaintiff also sought pain and suffering experienced by decedent prior to her death. Russ Hewit, representing the attending obstetrician, presented expert testimony that the decedent’s fluctuating blood pressures did not require treatment with antihypertensive medications and that decedent’s cerebral hemorrhage was not caused by the elevated blood pressures, but by pregnancy induced changes to the mother’s cardiovascular system and/or by an unknown, pre-existing arteriovenous fistula in the brain. Following four weeks of testimony, the jury returned a verdict on February 9 that the attending obstetrician had not deviated from accepted standards of care in his treatment. The jury found that the co-defendant nurse had deviated from nursing standards of care, but that such deviation did not cause the decedent’s hemorrhage. The co-defendant resident settled prior to trial.

Mark Petraske secures jury verdict in case alleging permanent bone destruction in jaw.

In Green v Albani, tried in Middlesex County, plaintiff alleged defendant dentist was negligent in the placement of two implants, causing an infection that developed into an antibiotic resistant infection and osteomyelitis (infection of the jawbone) and resulting in permanent bone destruction and bone loss. The patient required subsequent hospitalization, surgery and IV antibiotic treatment and also sought damages for the permanent bone loss in her jaw. Plaintiff called a dental expert who opined that the defendant dentist should have used advanced imaging techniques which would have enabled better evaluation of the jaw in order to determine where and how best to locate the implants in order to avoid a predictable jawbone defect that allowed the infection to take hold. Plaintiff also alleged a lack of informed consent on the risks of the procedure. Mark Petraske presented expert testimony and evidence that advanced radiology was not necessary and would not have resulted in any different location of the implants, and that the proper pre-procedure workup was performed. Using the existing radiology studies, Mark demonstrated to the jury that the implants were placed in solid bone structure and presented convincing evidence that the infection was a disclosed and accepted risk of the procedure. After 7 days of trial, the jury returned a verdict in favor of defendant after only 26 minutes of deliberation. This is Mark Petraske’s sixth favorable jury verdict in 7 months. Since jury trials resumed in June 2022 (after courts were closed during COVID), Mark is 6-0 at trial.