Over the course of his career, Richard Tynan has focused on courtroom advocacy and the preparation necessary for success in trying jury cases. Presently, Richard concentrates his practice in three areas: catastrophic injury cases, the defense of healthcare professionals and alternative dispute resolution. Representative clients include professionals of all types, trucking companies, product manufacturers and manufacturers of toxic substances.
Because of his extensive courtroom experience, Richard is frequently asked to serve as an arbitrator or neutral mediator helping others to resolve their disputes. His informed perspective often helps litigants explore and achieve unique approaches to resolving their disputes.
Richard has achieved the distinction of being named a fellow of the American College of Trial Lawyers; an honor reserved for less than one percent of the nation's trial attorneys. He is a charter member of the Connecticut chapter of the American Board of Trial Advocates and a member of the Federation of Defense and Corporate Counsel.
Client Alert: Medical Professionals Reminded to Comply with CT Health Department CME Requirements
By Richard Tynan, 11/25/2012
Richard Tynan Featured in Benchmark Litigation
|Reported Cases||Representative Matter: Defense Verdict Obtained in Psychiatric Malpractice Claim Richard C. Tynan recently participated in the successful defense of a psychiatrist and his medical group. The case involved a patient who committed suicide by hanging while a resident of a drug treatment facility. Claims being advanced included failure to appreciate and properly assess suicidal thoughts, improper prescription and monitoring of benzodiazepines and patient abandonment. The trial consumed an entire month and numerous experts were presented to the jury including an oncologist, a toxicologist, a psychiatrist and an economist. Tynan and Grady Successfully Defend Surgeon in a Medical Malpractice Case Richard Tynan and Timothy Grady obtained a defendant's verdict on behalf of a local general surgeon who was sued in connection with a common bile duct injury that occurred during a laparoscopic cholecystectomy. When her injury was diagnosed, the 46 year old female plaintiff was transferred to a tertiary care facility to undergo a Roux-en-Y repair procedure. The plaintiff's lawyer asked the jury to return a $916,000 verdict on behalf of the plaintiff. The jury deliberated over 5 hours before returning a defense verdict. Richard Tynan and Timothy Grady recently obtained a defense verdict in a podiatric malpractice claim. A 51 year old female plaintiff alleged that her podiatrist failed to diagnose Raynaud's phenomenon before performing a bunionectomy and administering a local anesthetic containing epinephrine. It was alleged that a proper history as well as a thorough vascular exam would have revealed circulatory compromise making the patient prone to vasospasm. Following bunionectomy surgery, the patient developed a gangrenous second toe, which eventually had to be partially amputated. The case was tried at the Hartford Superior Court over parts of two weeks in November 2009, and the jury returned a defense verdict in favor of the podiatrist after approximately three hours of deliberations. Defense Award Obtained in a Nursing Home Malpractice Case Richard Tynan recently obtained a defense arbitration award in a nursing home malpractice case. The 77-year-old male plaintiff alleged that the nursing home staff did not provide adequate fall prevention measures and that the staff failed to insure that the bed alarm was properly functioning. In addition, the plaintiff claimed that the staff did not assist him to the bathroom in a timely fashion. The claimant sustained a fractured hip as a result of a fall, and he underwent hip repair surgery and rehabilitation. The case went to binding arbitration with a single arbitrator. The arbitrator found that the defendant's actions and/or inactions did not cause the plaintiff's fall. The arbitrator returned his award in September 2008. Defense Verdict Obtained in Psychiatric Malpractice Case Richard Tynan recently obtained a defense verdict in a psychiatric malpractice case. In the case the plaintiff alleged that his psychiatrist failed to properly assess him for suicidality at a point in time when his anti-depressant medication was being switched. In addition, he alleged that the psychiatrist was unavailable to him by reason of her vacation at the critical juncture. Plaintiff attempted suicide by overdose. The case was tried in Bridgeport Superior Court. The verdict was awarded in June 2007. Defense Verdict in Malpractice Claim Richard Tynan recently obtained a defense verdict in a primary care physician death claim case. In the case the plaintiff alleged that his primary care physician breached the standard of care by prescribing Naprosyn while the plaintiff's decedent was also taking Coumadin. The defendant contended the standard of care did not require the plaintiff to check his INR prior to starting him on a short course of Naprosyn. The plaintiff descendant's INR had been stable for an extensive period of time and was therapeutic one week prior to death. The case was tried in Hartford Superior Court. The verdict was awarded in November 2006. Directed Verdict for Defense Obtained in Pediatrician Malpractice Case Attorney Richard Tynan recently obtained a directed verdict for a defendant in a claim involving the death of a two-month old prematurely born infant. The plaintiff alleged that the pediatrician failed to perform an adequate assessment of the infant's pulmonary status after the infant's arrival in Connecticut. (The infant was born in Georgia.) The case was tried in the Hartford Superior Court. The verdict was awarded in August 2006. Defense Verdict Obtained in Allegation of Breach of Standard of Care Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged a breach of standard of care and unlawful imprisonment. The plaintiff alleged that a psychiatrist improperly filled out a physician's emergency certificate, which resulted in the plaintiff's involuntary hospitalization. The case was tried in Middlesex Superior Court. The verdict was awarded in April 2002. Judgment in Favor of Ophthalmologist in Laser Surgery Case After several days of evidence and after hearing from various expert witnesses, the judge ruled in favor of the ophthalmologist in a laser surgery case. Allegations involved failure to obtain informed consent to proceed with laser surgery for treatment of diabetic retinopathy. This case was tried in the New Britain Superior Court. The verdict was awarded in December 2001. Defense Verdict Obtained in Plaintiff's Allegation of Improper Chiropractor Care Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged a covering chiropractor improperly treated her lower back, and injured it, when the patient had consented to therapy. The therapy had already been begun by another chiropractor and centered around the cervical spine and TMJ. This case was tried in Middlesex Superior Court. The verdict was awarded in October 2001. Defense Verdict Obtained in Plaintiff's Allegation of Primary Care Physician's Improper Diagnosis Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged that a covering primary care physician failed to properly diagnose a myocardial infarction which was subsequently diagnosed by the plaintiff's primary care physician several days later. This case was tried in New Britain Superior Court. The verdict was awarded in February 2000. Defense Verdict Obtained in Emergency Tracheotomy Case Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged that an ENT failed to properly secure an appliance inserted during an emergency tracheotomy, thus causing the decedent to die. The case was tried in Middlesex Superior Court. The verdict was awarded in December 2004. Defense Verdict Obtained in Allegation of a Damaged Nerve Richard Tynan obtained a defense verdict in a matter in which the plaintiff alleged that her surgeon damaged her phrenic nerve in the process of performing a thoracotomy to explore for the presence of a cancerous mass. The case was tried in Hartford Superior Court. The verdict was awarded in May 2004. Defense Verdict Obtained in Erb's Palsy Matter Richard Tynan obtained a defense verdict in a matter in which the plaintiff claimed an injury to the brachial plexus (Erb's Palsy) allegedly caused by the Ob-Gyn's failure to manage a shoulder dystocia delivery. The case was tried in New Britain Superior Court. The verdict was awarded in May 2004. Defense Verdict Obtained in Plantiff's Allegation of Improper Diagnosis Richard Tynan obtained a defense verdict in a matter in which the plaintiff alleged failure of his ENT to properly diagnose a cancerous lesion in the oral cavity. Plaintiff subsequently was diagnosed with a squamous cell cancer and thereafter followed up with radiation therapy only, resulting in a condition of permanent dry mouth. The case was tried in Middlesex Superior Court. The verdict was awarded in August 2003. Defense Verdict Obtained in Endochrinologist Matter Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged that his endochrinologist failed to properly manage his diabetes, failed to appreciate signs and symptoms of early cardiac disease and failed to counsel him on his cardiac risk. The plaintiff had a massive heart attack that resulted in total disability. The case was tried in Middlesex Superior Court. The verdict was awarded in May 2004. Defense Verdict Obtained in Radiologist Standard of Care Case Attorney Richard Tynan recently obtained a defense verdict in a Hartford Superior Court case. The plaintiff had a screen mammography whereupon her radiologist recommended further studying. That further study was carried out with additional views, with the advice to the plaintiff that she return for follow-up in four months. Plaintiff did not return for follow-up. She was diagnosed with metastatic breast cancer ten months later and alleged a deviation from the standard of care and failure to properly interpret the mammogram, failure to evaluate with ultrasound, and failure to clearly advise the plaintiff of her need for follow-up. The verdict was awarded in July 2006. Defense Verdict Obtained in Ob-Gyn Allegation of Excessive Traction Richard Tynan obtained a defense verdict in a case in which the plaintiff alleged injury to the femoral nerve as a result of excessive traction during an emergency hysterectomy. She claimed total paralysis and disability. The case was tried in New Britain Superior Court. The verdict was awarded in 2005. Defense Verdict Obtained in Radiologist Standard of Care Case Attorney Richard Tynan recently obtained a defense verdict when a plaintiff's conservator claimed that the defendant radiologist deviated from the standard of care in interpreting a CT scan which, she alleged, demonstrated signs of stroke. She further alleged that had the CT scan been properly interpreted, the ward would have been admitted to the hospital and started on Heparin or another anti-coagulant, thus preventing the massive injury which followed. At the time of trial, plaintiff was totally bed-ridden and dependent on nursing home staff for all activities of daily living and assistance with all bodily functions. The case was tried in the Hartford Superior Court. Latex Foam Intern. Holdings, Inc. v. Richard N. Goldman & Co. , 2007 WL 447916 (Conn. Super. Ct. January 26, 2007)(Langenbach, J.) The Superior Court, Complex Litigation Docket, granted summary judgment on all claims against the defendant, an insurance brokerage company which had provided a limited inspection service for the purpose of determining whether the insured, a large latex foam mattress manufacturer, could lower its property insurance premiums by upgrading the building's existing sprinkler system. After the factory suffered a $38 million fire loss, the property insurance carriers who paid the loss brought subrogation claims against the brokerage company and inspector, alleging that they failed to instruct the insured to install fire sprinklers internally in the mattress dryer. The Court held that the broker had no legal duty to make such recommendations, and dismissed all claims, including negligence and contract claims. Camelot Modular Homes v. Freska, et al. 2008 Conn. Super. LEXIS 1935 Bloom v. Gershon , 271 Conn. 96, 856 A.2d 335 (2004) This case involved a procedural question - The Connecticut Supreme Court determined that the claims commissioner does not have jurisdiction to waive the State's sovereign immunity and grant a claimant permission to file apportionment complaint. Lostritto v. Community Action Agency of New Haven, Inc. , 269 Conn. 10, 848 A.2d 418 (2004) This case resolved a longstanding procedural question regarding apportionment complaints. Although we lost, it is still significant. Supreme Court decided the 120 day provision for filing apportionment complaints is mandatory, not directory. Weigold v. Patel , 81 Conn. App. 347, 840 A.2d 19, cert. denied 268 Conn. 918, 847 A.2d 314 (2004) The plaintiff's decedent was killed in an automobile accident caused by a psychiatric patient who fell asleep at the wheel. The plaintiff alleged that the medication prescribed to the patient caused her to fall asleep. The Connecticut Appellate Court held that a psychiatrist owes no duty of care to the public to warn a patient of the danger of operating a motor vehicle while taking medication.|