The Jacob D. Fuchsberg Law Firm

What's New > Saint Vincent’s Medical Center Bankruptcy Tort Creditors’ Committee Chaired By Alan Fuchsberg Achieves Plan To Pay Claimants In Full


Saint Vincent’s Catholic Medical Center and its seven hospitals and nursing home facilities located throughout the New York Metropolitan region declared Chapter 11 Bankruptcy on July 5, 2005. There were approximately 700 plaintiffs who filed claims with face value in excess of a billion dollars. Given the amount at stake for plaintiffs and the frustration we lawyers, led by Brad Zimmerman of this office, felt on their behalf because the general trade Unsecured Creditors Committee was not fighting our battle with the Debtor, Alan Fuchsberg decided to seek out the formation of an official Tort Claimants Committee-- having our own counsel, our own standing and our own budget.

With the assistance of Richard Kanowitz, Esquire of Cooley Godward Kronish, we requested that the Court appoint an official committee specifically to represent the interests of plaintiff claimants-- a highly untraditional position. It was strongly opposed by the Office of the United States Trustee, the Hospital and the official committee of Unsecured Creditors.

Against the odds, in April 2007, Federal Bankruptcy Court Judge Hugh Hardin granted the motion of the Fuchsberg Firm to appoint an official committee. It followed a dramatic court argument, before a full courtroom, by Richard Kanowitz. At 7 pm the motion was granted. In May 2007, the Committee was officially formed and Alan Fuchsberg elected chair.

After a year of litigation and negotiation, we are pleased to support a plan of reorganization that is expected to be approved this summer that anticipates paying allowed medical malpractice claims in full. The result is extraordinary and a complete success.

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