DEFENSE VERDICT—GEOFFREY H. PFORR

Geoffrey H. Pforr obtained a defendant’s verdict in a case involving both claims of medical malpractice and sexual assault in the Supreme Court of the State of New York, County of Suffolk, on September 12, 2024. The plaintiff alleged that our client, a board-certified neurologist who was treating her carpal tunnel syndrome arising from a work-related injury, sexually assaulted her during two office visits approximately one month apart. During the first office visit, the plaintiff claimed that our client reached both hands down through the collar of her crew neck sweater and gripped her breasts underneath her bra after which she claimed he rubbed his genitalia on her shoulder and then kissed her on her forehead telling her that he loved her. Our client categorically denied such claims. Thereafter, she made a complaint to the Suffolk County Police Department.  One month later, she returned to our client’s office for a follow-up visit, having been equipped with two video recording devices and two audio recording devices by the police. During this visit, she claimed that our client once again inappropriately touched both of her breasts with his hands.  This claim was not supported by the police videos and was categorically denied by our client. Nonetheless, our client was arrested and tried criminally for sexual assault.  He was acquitted of the charge. Notwithstanding that, the plaintiff maintained the civil action. At trial, the jury was presented with three separate interrogatories. The first interrogatory involved whether or not our client departed in the treatment of the plaintiff. The second interrogatory was whether or not our client committed battery while the third interrogatory was whether or not our client committed intentional infliction of emotional distress. The jury was unanimous in answering no to all three interrogatories.