Skip to Content

Malvern Paramedic Found Not Guilty in Patient Assault Case

By: RDKInteractive

PHILADELPHIA, PA. April, 27, 2015:  Pennsylvania jury found medic, Michael Bernard McMahon, not guilty of all charges stemming from an altercation with a patient.

A jury in Philadelphia found a paramedic not guilty of all charges stemming from an altercation with a patient following a week-long trial.   Michael Bernard McMahon, 38, was acquitted of all charges of aggravated assault, simple assault and recklessly endangering another person following a physical altercation with a female patient that prosecutors claimed led to a traumatic brain injury.

The former Malvern Fire Company paramedic was charged in March 2014, three months after responding to a call for Kathleen Benedict, 52, a patient with diabetes who was known by first responders as a frequent 911 caller who was sometimes combative.

The jury of seven women and five men deliberated for about five hours following the week-long trial in front of Judge Anthony Sarcione before returning with their verdict around 10 p.m. Friday.

Her mother August Benedict testified that she called 911 on Dec. 10, 2013 because her daughter would not take her insulin. McMahon responded around 3:30 p.m. and told police he stood in a doorway to keep Benedict from running out of the house. She lashed out at the East Whiteland EMT, then tried to hit him in the head. He grabbed her shirt with his right hand, and blocked her blow with his left elbow, striking her in the forehead.

Benedict did not appear to be hurt, but later complained that her head hurt. At 8 p.m. she collapsed and became unresponsive.

She was brought to Paoli Hospital where she underwent surgery. Neurosurgeon Dr. George Chovanes said her brain was bleeding in the same area where McMahon struck her.  Benedict is under medical care and did not testify at the trial.  Prosecutors argued that McMahon’s blow caused the neurological damage from which she still suffers.

McMahon’s defense attorneys argued the paramedic was acting in self-defense after Benedict attacked both him and an EMT from the East Whiteland Fire Company who was also at the scene.  The defense, led by attorneys James Funt and Glenn Gilman of Philadelphia, also suggested that Benedict’s injuries were not apparent when the confrontation ended, and that it was not until several hours later that she became unresponsive. They contended that the jury did not have sufficient proof to determine that the blow McMahon delivered actually caused her injuries.

On Monday, Funt expressed satisfaction with the jury’s verdict exonerating his client, but remained bitter about the decision to arrest, charge, and prosecute McMahon.

“I think that the jury recognized that first responders have the most difficult of jobs,” he said. “But the DA, by criminalizing what was his appropriate behavior, has done more damage in its relationship with first responders than the office understands.”

He said that those he had spoken with in the emergency community feel their safety may be at risk, “now that they may be prosecuted for simply doing their job.”

McMahon’s attorney James Funt said he was satisfied with the jury’s verdict, but that McMahon shouldn’t have been arrested in the first place and it makes other responders fear prosecution for doing their jobs.

Complete coverage of this story can be found on the Daily Local News and EMS1.com

Irvine-based Quality Systems Inc. Sued for Sexual Harassment and Retaliatory Firing

By: RDKInteractive

April 9, 2015: For Immediate Release. Yesterday in federal court in California, Irvine-based Quality Systems Inc. (NASDAQ QSII) was sued by a former director of Research and Development for retaliatory firing after she informed the company that she was being sexually harassed. QSI, which employs 2,000 persons worldwide, develops and markets computer-based practice management, electronic health records and revenue cycle management applications as well as connectivity products and services for medical and dental group practices and small hospitals. According to her Complaint, Traci Wolbert states that her manager repeatedly asked her to go on non-business related trips and got angry when she consistently refused, drunk texted her messages which were sexual and harassing, and sent her texts with links to nude pictures. In her complaint, Wolbert states her manager “became increasingly hostile with my continued refusals” pushing her to report his actions to Donna Green, the company’s Senior Vice President of Human Relations. According to the Complaint, thirty-eight days after doing so, Ms. Wolbert was demoted and thereafter terminated. The Complaint alleges that QSI has a pattern of protecting male employees who harass and discriminate against women. Numerous instances of sexual harassment against other women in the company are detailed in the filing. Ms. Wolbert is seeking back pay, reinstatement in the company with a promotion to Vice President and damages. For further information, please contact Ms. Wolbert’s attorneys: SHARON R. VINICK, ESQ., (Cal.)-510-318-7700 or Patricia Pierce (PA), Esq. 215-735.1600.

Harry J. Kane, Jr. Joins Firm as Senior Associate

By: RDKInteractive

PHILADELPHIA, PA – March 6, 2015: Greenblatt, Pierce, Engle, Funt & Flores, LLC (WGP), is pleased to announce that Harry J. Kane, Jr. has joined the firm as a Senior Associate. Harry will be based in the Philadelphia office and brings 26 years of legal experience in civil litigation to the firm. At various times in his multi-decade career, Harry has been an insurance defense attorney, a solo practitioner, in-house-counsel for a public utility and a major insurance carrier, and most recently, a Plaintiffs’ attorney for the last 9 years. This range of experiences has given Harry the ability to look at civil litigation from both sides of the courtroom and work toward the best possible result for the client. At WGP, Harry will continue to concentrate his practice on civil litigation matters, with an emphasis on personal injury litigation, employment litigation and workers compensation. Licensed in both Pennsylvania and New Jersey, Harry is equally comfortable in courtrooms on either side of the Delaware. He has tried dozens of cases to Jury verdict and has conducted hundreds of Arbitrations, inside and outside of the court system. He currently serves as an Arbitrator in the Philadelphia County Court of Common Pleas Compulsory Arbitration program, as a Judge Pro Tem in the Day Forward Program, as a solo neutral arbitrator in ADR proceedings and as an arbitrator in UM/UIM proceedings. His clients include several members of Local Union 1 of the Independent Dockworkers Union (Gloucester, NJ) whom he has successfully represented in both personal injury and workers compensation proceedings. A 1985 graduate of Georgetown University (BA-American Government), Harry received his law degree in 1988 from Villanova Law School. Harry is active in his community as a Board Member and travel soccer coach for the Upper Darby Futbol Club as well as coaching CYO Basketball for St. Mary Interparochial School in Center City. Additionally, Harry serves as a volunteer speaker and representative for the Alex’s Lemonade Stand Foundation, helping to raise awareness and funds to combat pediatric cancer. Founded over 20 years ago as an aggressive criminal defense law practice, Greenblatt, Pierce, Engle, Funt & Flores (WGP) is an established, full-service law firm with experienced attorneys skilled in all areas of state and federal criminal defense, employment law, civil litigation, and family law. The firm has offices in Pennsylvania and New Jersey. For more information on the firm or its attorneys, please see www.gpeff.com. For more information regarding this release, please contact Ronald Greenblatt at 215.735.1600.

NJ Superior Court Judge Irvin J. Snyder Joins Firm

By: RDKInteractive

PHILADELPHIA, PA – February 5, 2015: Greenblatt, Pierce, Engle, Funt & Flores, LLC (WGP), is pleased to announce that Judge Irvin J. Snyder, of the New Jersey Superior Court – Camden County, has joined the firm as Special Counsel. A recently retired twenty-one year member of the New Jersey judiciary, Judge Snyder will be resident in WGP’s Haddonfield office where he will offer Alternative Dispute Resolution (ADR) services including mediation, arbitration, and arbitration neutral services to attorneys throughout New Jersey. Judge Snyder’s new practice will include serving as a special master, a hearing officer, and an administrative fact finder who can assist attorneys with settlement conferences and many other forms of case management. Judge Snyder’s many years of experience as both an attorney and a distinguished jurist will also serve to assist the clients and attorneys at WGP in both civil and criminal matters by offering criminal defense and civil litigation consultation. According to WGP’s Managing Partner Ronald Greenblatt, “We are delighted to have this distinguished jurist join our firm. Judge Snyder’s career of public service is tremendous, he was truly a judge’s judge and he will make an outstanding contribution to our firm. Judge Snyder has taught courses for members of the judiciary throughout his career and he has served as the Presiding Drug Court Judge in Camden County. In private practice, before joining the judiciary, Judge Snyder served as a prosecutor, a public defender, a Superior Court Arbitrator, while developing and maintaining a well-respected personal injury practice. Judge Snyder’s wealth of experience as both an attorney and a judge make him uniquely qualified to develop an ADR practice in New Jersey.” A graduate of Rutgers University (B.A. 1973), Judge Snyder received his law degree magna cum laude from the Delaware Law School of Widener University. Judge Snyder was widely recognized as one of the Judiciary’s foremost legal minds in New Jersey, having spent decades teaching both members of the judiciary and the bar about the newest developments in both civil and criminal the law. Most recently Judge Snyder provided a criminal law orientation for new judges in Princeton, New Jersey, while he also planned a Drug Court seminar for the Camden County Bar Association. Judge Snyder has served on both the Capital Punishment Committee and the Judicial Wellness and Education Committee of the New Jersey Supreme Court. Founded over 20 years ago as an aggressive criminal defense law practice, Greenblatt, Pierce, Engle, Funt & Flores (WGP) is an established, full-service law firm with experienced attorneys skilled in all areas of state and federal criminal defense, employment law, civil litigation, and family law. The firm has offices in Pennsylvania and New Jersey. For more information on the firm or its attorneys, please see www.gpeff.com. Judge Snyder can be reached at i.snyder@gpeff.com. For more information, please contact Ronald Greenblatt at 215.735.1600.

Attorney Glenn Gilman Joins Firm

By: RDKInteractive

PHILADELPHIA, PA – January 29, 2015: Greenblatt, Pierce, Engle, Funt & Flores, LLC, is pleased to announce that Glenn Gilman, Esq. has joined the firm. Mr. Gilman is Of Counsel and serves in the firm’s Pennsylvania Criminal Practice group. Mr. Gilman is widely respected for his use of expert testimony in criminal defense cases. He has tried over one thousand cases to verdict, including cases in juvenile court, and major felony cases in adult court. Mr. Gilman has in the past served in various capacities at the Defender Association of Philadelphia, including over 20 years in the felony jury trial unit. While there he also helped to train and recruit new attorneys, and supervised young attorneys as they progressed through the criminal justice system. In addition, Mr. Gilman taught courses on Constitutional Law, Criminal Law, Evidence and Sex Crimes and the Law at Temple University for several years. Mr. Gilman graduated college from the University Of Pennsylvania and received his law degree from American University. Early in his career he served as a Deputy Attorney General for the Commonwealth of Pennsylvania, and then, during a lengthy tenure as a criminal defense attorney at the Defender Association of Philadelphia, he became known throughout the Philadelphia area for his innovative use of expert testimony. Mr. Gilman has used experts in a wide variety of cases that have frequently led to exoneration of the accused. Many of his cases have led to advances in the criminal law that have significantly helped to protect innocent people from wrongful conviction. Among his specialties are: the use of DNA as evidence of exoneration, the use of expert psychological testimony concerning the unreliability of eyewitness identification, and, in appropriate cases, even the use of forensic anthropology experts to disprove a prior erroneous identification of an accused. Since 1995, Mr. Gilman has also served as a Judge Pro Tem, convening and presiding over settlement conferences in major civil cases awaiting trial in Philadelphia. In addition he is an Arbitrator in both the U.S. District Court for the Eastern District of Pennsylvania and the Philadelphia Court of Common Pleas, and has been certified by the American Arbitration Association as a neutral arbitrator in cases involving uninsured and underinsured motorists. Since 1996, Mr. Gilman has served as Chairman of the Board of Genesis II, Inc., a non-profit organization that treats individuals with substance abuse problems and attempts to reintegrate them into society. He is also a member of the Pennsylvania Association of Criminal Defense Lawyers and the Philadelphia Criminal Law Inn of Court. Mr. Gilman has also received acknowledgement as an important source in many works of fiction from acclaimed mystery author Lisa Scottoline, whose books often deal with the complexities of criminal law and procedure. These books include Mistaken Identity, Killer Smile, Dirty Blonde, Daddy’s Girl, Lady Killer, Save Me, Look Again, Devil’s Corner and most recently, Accused: A Rosato and Associates Novel. Founded over 20 years ago as an aggressive criminal defense law practice, Greenblatt, Pierce, Engle, Funt & Flores (WGP) is an established, full-service law firm with experienced attorneys skilled in all areas of state and federal criminal defense, employment law, civil litigation, and family law. The firm has offices in Pennsylvania and New Jersey. For more information on the firm or its attorneys, please see www.gpeff.com. For more information regarding this release, please contact Ronald Greenblatt at 215.735.1600.

Yatvin profiled in The Philadelphia Lawyer

By: alan-yatvin

The Fall 2014 issue of The Philadelphia Lawyer, the quarterly magazine of the Philadelphia Bar Association, features an article on Alan Yatvin.
INTERNATIONAL DEFENSE
By Richard G. Freeman
Our world – from Filbert Street courthouse to Market Street courthouse, perhaps interspersed with a bold junket to West Chester – is too small for Alan Yatvin. Somehow this protean practitioner has balanced his role as a partner in the firm of Popper & Yatvin with meaningful appearances as defense counsel in the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) at The Hague, representing defendants accused of crimes in the former Yugoslavia. For good measure Yatvin chairs the court’s Association of Defense Counsel Membership Committee. And last spring the globetrotting Yatvin was sworn in as a member of the Bar Association of the Kingdom of Cambodia, joining the list of international counsel at the Extraordinary Chambers in the Court of Cambodia (ECCC).  Click here to read the full article.