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SKETCHES OF COURT: No negligence in medical malpractice trial

September 30, 2016 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo

In this courtroom sketch, Hon. Bert Bunyan listens as defendant’s attorney Neil Ekblom (standing, right), of the law firm Ekblom & Partners, conducts a direct examination during the medical malpractice trial Bernard Gips (as administrator of the estate of Aurelia Gips) v. Harvey Rosenblum MD. Expert witness Dr. Michael Starr, a specialist in the field of ophthalmology, is testifying for the defendant and using a diagram to help explain an eye condition to the jury. 

Bernard Gips’ mother Aurelia Gips was an 83-year-old patient when she visited ophthalmologist Dr. Rosenblum in November 2004. Plaintiff’s attorney Jordan Tucker (seated at left), of the law offices of Reingold & Tucker, represented Gips. Gips’ claim was that the failure to prevent her ultimate loss of vision was attributable to malpractice. 

Tucker sought to relate the November visit to a subsequent eye infection in December 2004, which progressed to vision loss. Ekblom refuted that claim, maintaining that his client never departed from accepted standards of care. He defended against the allegation that failing to prescribe a course of antibiotics prophylactically was negligent, as there was no indication of infection a month before an infection occurred. 

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The trial lasted 1 1/2 weeks and the jury deliberated over five hours before returning a defendant’s verdict, finding no fault on the part of Rosenblum in the trial that concluded last week in Kings County Civil Term. Court reporter Scott Isaacs recorded the proceedings. 

 


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