Long Island New York Medical Malpractice Attorney

October 25-31, 2002

RIVERHEAD - A jury in State Supreme Court in Suffolk County awarded a record $80 million last week to the family of a twin girl who was born 10 weeks premature and suffers from cerebral palsy. The family charged doctors with faulty prenatal care. The award is the highest ever recorded in the county, according to the New York Jury Verdict Reporter, an East Islip-based research and publishing company that tracks about 80 percent of the awards in the state. It surpassed the $10.7 million awarded in a 1999 personal injury case

by ROSAMARIA MANCINI
For as long as 66-year-old James Duffy can remember, he has always been one of those dog-eat-dog types. A competitor. A fighter.

"My wife used to chastise me when I played games with the children because I never used to let them win," said Duffy, a father to five and grandfather to nine. "I hate losing."

Duffy, a partner in Uniondale-based Duffy, Duffy & Burdo, doesn't falter much as an attorney representing plaintiffs in medical malpractice suits. He has obtained more than 30 verdicts of $1 million or more and has negotiated more than 250 multi-million dollar settlements.

Three weeks ago, he made history when a jury awarded $80 million to the family of a twin girl who was born 10 weeks premature and now suffers from cerebral palsy. The award was the highest recorded in Suffolk County.

"There are so few places, other than the courtroom, where an individual has equal standing with the more privileged of society," said Duffy, who tries about 15 cases a year. "It's a pleasure to do this type of work."

While there was no special celebration after the $80 million verdict - "If I lose I go out and have two beers and if I win I go out and have two beers" - more and more clients are turning to the firm for help, he said.

But Duffy's formula for multi-million-dollar success doesn't include the use of cutting-edge equipment and techniques, such as flat panel displays, projection screens and video conferencing.

"I just know the record better than anyone, and I've done the medical research," Duffy said." I believe in the cases I try."

Jeffrey Bard, partner in Melville-based Lawrence, Worden & Raines, who represents doctors and hospitals in medical malpractice lawsuits, said the reason Duffy keeps winning is "because he's good at what he does. His knowledge of medicine is thorough and he's just relentless on the cross examination," Bard said.

But trial work is strenuous because attorneys are quite often faced with the prospect of losing, Duffy said.

"It's extremely stressful. You either win or you lose. And think about it - when you lose, the jury tells you that they don't believe you," Duffy said. "The stress drives most people out and then there are the oddballs like me who thrive on it."

Duffy, who was born in Manhattan and grew up in Oceanside, never imagined he would be a trial lawyer. But after receiving a bachelor's degree in labor relations from St. John's University in 1961 and a juris doctorate from Brooklyn Law School in 1965, he was hired by Liberty Mutual Insurance. There he tried 50 automobile accident cases a year.

"It was here that I found out that I loved trial work," Duffy said. "I use to look for the tough cases - could you imagine? - like a hit in the rear, my client was the defendant and I was trying to win."

About six years later, Duffy joined New York City-based Kramer Dillof & Tessel. Soon after, he was named a partner in the firm, where he was responsible for its Long Island cases.

After almost 30 years at the firm, he partnered with his son, Michael Duffy, and William Burdo to form Duffy, Duffy & Burdo in January 2001.

"It's a growth process. I'm still learning even after all these years," said Duffy.

So is Michael Duffy, who said his father is "an incredible role model" and "compassionate about the cases he tries," adding that, "If I could take one of his attributes I would take his tenacity."