I recall a case in which plaintiffs counsel on summation was facing the jury and made a hand motion that suggested a quick forceful maneuver whereas the defendant had described a steady gentle touch.
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Sender: Peter Taglia
Date: 4/20/2026 1:08:31 PM
if its soleny call
I crossed him on a cancer case
and my partner did in a perf case where he was confronted with a prior testimony that it is a risk of the proceedure
The plaintiff’s attoreney said that he did not pay him bc he assured that he never took this positon
ed
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Subject: Re: Perforation during a colonoscopy
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Sender: Stuart Manzione
Date: 4/20/2026 12:45:19 PM No expert response yet. Trial is 2 weeks away. I’m thinking it may be Solny. Screening colonoscopy. No polyps.
Stuart Manzione
stum@wdldlaw.com
Wagner, Doman Leto & Di Leo P.C.
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On Apr 20, 2026, at 11:47 AM, list
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Sender: Peter Taglia
Date: 4/20/2026 11:45:15 AM
I tried at least 3
in each that I recall, they went after the indication bc they knew it is a risk of the procedure, especially with resection of a polyp
whoi is their expert, Not Solny?
n
ally w
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Subject: Re: Perforation during a colonoscopy
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Sender: Maryanne Kolenovsky
Date: 4/20/2026 11:22:43 AM
Yes but it was 25 years ago. It was not immediately recognized but it was repaired etc when she returned to hospital and colostomy reversed eventually. Risk of procedure defense, defense verdict.
Maryanne Kolenovsky, Esq.
Partner, Rawle & Henderson LLP
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Sent: Monday, April 20, 2026 11:07:56 AM
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Subject: RE: Perforation during a colonoscopy
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Sender: Shawn P. Kelly
Date: 4/20/2026 11:00:10 AM
Admit the perf and stress immediately recognized and repaired and cite the stats that under the best of case there is a statistical percentage of perfs and hopefully it was a therapeutic perf not a routine screening colonoscopy.But the stats support both and hopefully you have good informed consent
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Subject: Perforation during a colonoscopy
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Sender: Stuart Manzione
Date: 4/20/2026 10:08:53 AM
I have a case coming up where plaintiff suffered a perforation during a colonoscopy. My GI client noticed it right away and a surgeon was called who performed a colostomy that was reversed 6 months later.
Has anyone tried a case like to this? I am interested in the approach you took at trial toward the defense of the insured.
Thanks, Stu
Stuart Manzione
stum@wdldlaw.com
Wagner, Doman Leto & Di Leo P.C.
227 Mineola Blvd.
Mineola NY 11501
Tel (516) 742-1444
Fax (516) 742-1204
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