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Pamela Goldsmith
D: (212) 313-5494  
pgoldsmith@harrisbeach.com

Pamela B. Goldsmith

  Member

 (She/Her/Hers)

(212) 313-5494
  pgoldsmith@harrisbeach.com
“My mission in each case is to solve the client’s problem. That happens by creating a collaborative environment to develop a thorough and detailed defense, both with the client and my team members. It is a process that continues throughout the litigation and enables us to forge a strong defense.”
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Pamela is a trial attorney representing a diverse range of clients in complex litigation throughout New York and New Jersey. She concentrates in malpractice, product liability, general liability, mass torts and toxic tort litigation.

Pamela has represented health centers, radiology facilities, physicians, dentists, chiropractors, podiatrists, and allied health professionals in malpractice actions involving all areas of medicine.  Her extensive experience in defending said clients is evident in each step of the litigation - understanding and building the necessary defense, taking and defending depositions, securing the essential experts, evaluating the liability, causation and damage issues, engaging in alternative dispute resolutions and taking the case to trial.  This tenacity has translated to multiple summary judgment dismissals and defense verdicts.

Pamela has also served as national, local and trial counsel in all phases of complex litigation, representing manufacturers and distributors in state-coordinated and federal multi-district litigation involving medical devices and personal care products.  She served as national coordinating counsel for several medical device companies involved in mass tort litigation arising out of the use of a pain pump to deliver medication to the shoulder, knee and ankle following arthroscopic surgery.

Pamela’s broad range experience in toxic tort litigation includes representing manufacturers in asbestos claims and defending claims brought by off-site workers after the World Trade Center terrorist attack of September 11, 2001. Pamela also has experience representing companies, corporations and landlords in premises liability litigation, including maintenance and security issues.  Specifically, Pamela has represented elevator companies involving elevator/escalator accidents and maintenance, as well as representation of clients in premises liability and security issues, and is currently representing hospitals for premises liability issues including falls.

Pamela is a member of the Council on Inclusion and Diversity at Harris Beach, where she is active in developing programs and bringing insight to the firm’s mission to excel as a leading multicultural law firm that reflects and builds upon the growing diversity of the communities and clients we serve.

Representative Matters

Trial verdicts/dismissals include:

  • New York State Supreme Court, Nassau County: Obtained defense verdict in medical malpractice action against surgeon for alleged improper performance of surgery resulting in nerve damage.
  • New York State Supreme Court, Suffolk County: Obtained defense verdict in medical malpractice action against surgeon for alleged failure and delay in diagnosing breast cancer.
  • New York State Supreme Court, Nassau County: Obtained defense verdict in podiatric malpractice action against two podiatrists for alleged improper performance of surgery resulting in osteomyelitis.
  • United States District Court, Eastern District of New York: Obtained defense verdict for soccer camp in action alleging that minor child developed reflex sympathetic dystrophy and psychological conditions from ankle taping by trainer.
  • New York State Supreme Court, New York County: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court, New York County: Obtained defense verdict for personal trainer and health club in action alleging plaintiff developed severe injuries from weight lifting exercises performed at direction of personal trainer.
  • New York State Supreme Court, Kings County: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • Superior Court of the State of New Jersey, Bergen County: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court, Nassau County; Obtained dismissal in medical malpractice action against internist for claim of wrongful death for alleged failure to detect and treat an aortic dissection.
  • New York State Supreme Court, Suffolk County: Obtained dismissal of claim of dental malpractice for alleged improper prosthodontic treatment.
  • New York State Supreme Court, Kings County; Obtained dismissal of claim of medical malpractice action against ringside physician for failure to stop a boxing match in which the plaintiff alleged severe brain damage.
  • New York State Supreme Court, Westchester County: Obtained dismissal of medical malpractice action against emergency medicine physician for claims of improper treatment resulting in upper extremity amputation.
  • New York State Supreme Court, Suffolk County:  Obtained discontinuance of medical malpractice action against radiologist for claims of improper interpretation of radiology films, resulting in alleged delay in diagnosing breast cancer.
  • New York State Supreme Court, Sullivan County:  Obtained dismissal of medical malpractice action against emergency medicine physician for claims of failure and delay in diagnosing cervical fracture.
  • Civil Court of the City of New York, New York County:  Obtained dismissal against health club in action alleging defective equipment and improper maintenance of equipment.

Reported Cases:

  • Francis v. Long Island College Hospital, 45 A.D.3d 529, 844 N.Y.S.2d 721 (2d Dept, 2007): Obtained dismissal of medical malpractice action against anesthesiologist for plaintiff’s failure to prosecute.
  • Grafi v. Solomon, 274 A.D.2d 451, 711 N.Y.S.2d 905 (2d Dept, 2000): Precluded plaintiff from obtaining information regarding defendant physician’s medical history.
  • Farmer v. Central Elevator, Inc., 255 A.D.2d 289, 679 N.Y.S.2d 636 (2d Dept, 1998): Obtained dismissal of action for negligent repair and maintenance claims against elevator company.
  • Bilan v. Klein, 250 A.D.2d 636, 673 N.Y.S.2d 159 (2d Dept, 1998): Successfully defended client on appeal for negligent maintenance and repair.
  • Crump v. Lyons, 172 Misc.2d 968, 660 N.Y.S.2d 650 (N.Y. Sup, 1997):  Obtained disqualification of plaintiff’s counsel for prior representation in action by shareholders of magnetic resonance imaging services corporation for alleged failure to distribute profits.
  • DeStefano v. MT Health Clubs, Inc., 239 A.D.2d 200, 658 N.Y.S.2d 3 (1st Dept, 1997):  Successfully opposed plaintiff’s motion for summary judgment in action for alleged claims of personal injuries from performance of massage.

Professional and Civic

  • LGBT Bar Association of Greater New York (“LeGal”), member and co-vice chair Judicial Committee Screening Panel
  • 2018 Civil Court Independent Screening Panel, member
  • Association of the Bar of the City of New York, member; past member Legal Issues Pertaining to Animals Committee, LGBT Rights Committee and Medical Malpractice Committe
  • Defense Research Institute, member, Diversity Committee
  • Big Hands Little Paws, Inc., founder and chair, a nonprofit organization dedicated to the rescue and adoption of homeless, abandoned and neglected cats and dogs

Recognition

  • City and State, Corporate Social Responsibility Award “Outstanding Leadership in Promoting Diversity and Inclusion”, 2018
  • New York State Bar Association, President’s Pro Bono Service Award
  • Super Lawyers, Class Action/Mass Torts and Personal Injury – Medical Malpractice: Defense, since 2014

Legal Practices

Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Health Care
Medical and Life Sciences

Admissions

New Jersey

New York

U.S. District Court, New Jersey

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

U.S. Supreme Court

New York Law School

JD 
1988

Drew University

BA 
1985

Location

Newark, NJ Office
New York, NY Office
Insights
January 29, 2021

New York Court Rules to Affect Medical Malpractice Motions

Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from t
January 29, 2021

Two New York Appellate Court Decisions Affirm Default Orders Dismissing Plaintiffs’ Complaint

Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the
January 28, 2021

New York Court Rule to Impact Medical Malpractice Depositions

Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from t
January 14, 2021

New York’s First Department Limits the Ability for Defendants to Testify as to Custom and Practice in Medical Malpractice Cases

The First Department has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specifi
November 24, 2020

New York Second Department Limits the Ability for Defendants to Testify as to Custom and Practice in Medical Malpractice Cases

The Second Department of the Appellate Division, New York State Supreme Court, has limited the role of testimony as to custom and practice i
November 24, 2020

Recent Cases from New York’s Second Department Clarify What is Necessary for a Pre-Note of Issue Dismissal

In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting th
September 16, 2020

New York Supreme Court Allows Plaintiff to Plead Statutory Fraud Claim with Medical Malpractice Negligence Cause of Action

A New York Supreme Court allowed a Plaintiff to assert a statutory fraud claim in the context of deceptive business practices under New York
December 23, 2019

State Appellate Court Affirms Out-of-State Liquidation Order Not Entitled to Full Faith and Credit

A risk retention group (RRG) is a state-chartered insurance company that insures commercial businesses and government entities against liabi
December 19, 2019

New York Court Precludes Plaintiff’s Expert Causation Opinion After Frye Hearing

Recent outcomes in New York state underscore the need for defendants to challenge plaintiff’s novel causation theories and pursue a Frye hea
June 25, 2019

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This
June 7, 2019

Harris Beach Obtains Summary Judgment in Business Defamation Case

Harris Beach attorneys Pamela Goldsmith and Laura Smalley successfully obtained judgment as a matter of law in New York Supreme Court, Queen
News
October 13, 2021

Harris Beach Attorneys Recognized in 2021 Edition of New York Metro Super Lawyers

Attorneys from Harris Beach PLLC offices in New York City, White Plains and on Long Island have been named to the 2021 edition of the New Yo
November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes
Events
May 30, 2019

Pam Goldsmith and Omar Nasar Attending DRI 14th Annual Diversity for Success Seminar and Expo

The Defense Research Institute will host their 14th annual Diversity for Success Seminar and Corporate Expo in New Orleans. The seminar is a
February 20, 2019

Pamela B. Goldsmith and Omar Nasar Presenting at DRI Trial Skills and Damages Seminar

An expert can make or break a case.  The “Effective Preparation of Doctors” presentation will focus on the liability and causation component
External Publications
April 19, 2017

Panelist: Race, Gender and Ethnicity – The Elephant (and Zebra) in the Courtroom (webinar, Defense Research Institute)

Speaker: Frequently presents to health care professionals on risk management issues, avoidance and defense of lawsuits, and current medical topics confronting practitioners; has given continuing legal education seminars regarding defense litigation techniques

All Insights, All Publications, Legal Alert |
 January 29, 2021
New York Court Rules to Affect Medical Malpractice Motions
Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from t...read more
All Insights, All Publications, Legal Alert |
 January 29, 2021
Two New York Appellate Court Decisions Affirm Default Orders Dismissing Plaintiffs’ Complaint
Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the...read more
All Insights, All Publications, Legal Alert |
 January 28, 2021
New York Court Rule to Impact Medical Malpractice Depositions
Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from t...read more
All Insights, All Publications, Legal Alert |
 January 14, 2021
New York’s First Department Limits the Ability for Defendants to Testify as to Custom and Practice in Medical Malpractice Cases
The First Department has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specifi...read more
All Insights, All Publications, Legal Alert |
 November 24, 2020
New York Second Department Limits the Ability for Defendants to Testify as to Custom and Practice in Medical Malpractice Cases
The Second Department of the Appellate Division, New York State Supreme Court, has limited the role of testimony as to custom and practice i...read more
All Insights, All Publications, Legal Alert |
 November 24, 2020
Recent Cases from New York’s Second Department Clarify What is Necessary for a Pre-Note of Issue Dismissal
In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting th...read more
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Pamela B. Goldsmith

pgoldsmith@harrisbeach.com
D: (212) 313-5494
Newark, NJ Office
New York, NY Office
Pamela Goldsmith
[geturl]

■ Areas of Expertise

Legal Practices

Mass Torts and Industry-Wide Litigation Legal Practice
Product Liability and Comprehensive General Liability Legal Practice

Industry Teams

Health Care Industry Team
Medical and Life Sciences Industry Team

■ Profile

Pamela is a trial attorney representing a diverse range of clients in complex litigation throughout New York and New Jersey. She concentrates in malpractice, product liability, general liability, mass torts and toxic tort litigation.

Pamela has represented health centers, radiology facilities, physicians, dentists, chiropractors, podiatrists, and allied health professionals in malpractice actions involving all areas of medicine.  Her extensive experience in defending said clients is evident in each step of the litigation - understanding and building the necessary defense, taking and defending depositions, securing the essential experts, evaluating the liability, causation and damage issues, engaging in alternative dispute resolutions and taking the case to trial.  This tenacity has translated to multiple summary judgment dismissals and defense verdicts.

Pamela has also served as national, local and trial counsel in all phases of complex litigation, representing manufacturers and distributors in state-coordinated and federal multi-district litigation involving medical devices and personal care products.  She served as national coordinating counsel for several medical device companies involved in mass tort litigation arising out of the use of a pain pump to deliver medication to the shoulder, knee and ankle following arthroscopic surgery.

Pamela’s broad range experience in toxic tort litigation includes representing manufacturers in asbestos claims and defending claims brought by off-site workers after the World Trade Center terrorist attack of September 11, 2001. Pamela also has experience representing companies, corporations and landlords in premises liability litigation, including maintenance and security issues.  Specifically, Pamela has represented elevator companies involving elevator/escalator accidents and maintenance, as well as representation of clients in premises liability and security issues, and is currently representing hospitals for premises liability issues including falls.

Pamela is a member of the Council on Inclusion and Diversity at Harris Beach, where she is active in developing programs and bringing insight to the firm’s mission to excel as a leading multicultural law firm that reflects and builds upon the growing diversity of the communities and clients we serve.

■ Representative Matters

Trial verdicts/dismissals include:

  • New York State Supreme Court, Nassau County: Obtained defense verdict in medical malpractice action against surgeon for alleged improper performance of surgery resulting in nerve damage.
  • New York State Supreme Court, Suffolk County: Obtained defense verdict in medical malpractice action against surgeon for alleged failure and delay in diagnosing breast cancer.
  • New York State Supreme Court, Nassau County: Obtained defense verdict in podiatric malpractice action against two podiatrists for alleged improper performance of surgery resulting in osteomyelitis.
  • United States District Court, Eastern District of New York: Obtained defense verdict for soccer camp in action alleging that minor child developed reflex sympathetic dystrophy and psychological conditions from ankle taping by trainer.
  • New York State Supreme Court, New York County: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court, New York County: Obtained defense verdict for personal trainer and health club in action alleging plaintiff developed severe injuries from weight lifting exercises performed at direction of personal trainer.
  • New York State Supreme Court, Kings County: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • Superior Court of the State of New Jersey, Bergen County: Obtained defense verdict in podiatric malpractice action against podiatrist for alleged improper performance of surgery.
  • New York State Supreme Court, Nassau County; Obtained dismissal in medical malpractice action against internist for claim of wrongful death for alleged failure to detect and treat an aortic dissection.
  • New York State Supreme Court, Suffolk County: Obtained dismissal of claim of dental malpractice for alleged improper prosthodontic treatment.
  • New York State Supreme Court, Kings County; Obtained dismissal of claim of medical malpractice action against ringside physician for failure to stop a boxing match in which the plaintiff alleged severe brain damage.
  • New York State Supreme Court, Westchester County: Obtained dismissal of medical malpractice action against emergency medicine physician for claims of improper treatment resulting in upper extremity amputation.
  • New York State Supreme Court, Suffolk County:  Obtained discontinuance of medical malpractice action against radiologist for claims of improper interpretation of radiology films, resulting in alleged delay in diagnosing breast cancer.
  • New York State Supreme Court, Sullivan County:  Obtained dismissal of medical malpractice action against emergency medicine physician for claims of failure and delay in diagnosing cervical fracture.
  • Civil Court of the City of New York, New York County:  Obtained dismissal against health club in action alleging defective equipment and improper maintenance of equipment.

Reported Cases:

  • Francis v. Long Island College Hospital, 45 A.D.3d 529, 844 N.Y.S.2d 721 (2d Dept, 2007): Obtained dismissal of medical malpractice action against anesthesiologist for plaintiff’s failure to prosecute.
  • Grafi v. Solomon, 274 A.D.2d 451, 711 N.Y.S.2d 905 (2d Dept, 2000): Precluded plaintiff from obtaining information regarding defendant physician’s medical history.
  • Farmer v. Central Elevator, Inc., 255 A.D.2d 289, 679 N.Y.S.2d 636 (2d Dept, 1998): Obtained dismissal of action for negligent repair and maintenance claims against elevator company.
  • Bilan v. Klein, 250 A.D.2d 636, 673 N.Y.S.2d 159 (2d Dept, 1998): Successfully defended client on appeal for negligent maintenance and repair.
  • Crump v. Lyons, 172 Misc.2d 968, 660 N.Y.S.2d 650 (N.Y. Sup, 1997):  Obtained disqualification of plaintiff’s counsel for prior representation in action by shareholders of magnetic resonance imaging services corporation for alleged failure to distribute profits.
  • DeStefano v. MT Health Clubs, Inc., 239 A.D.2d 200, 658 N.Y.S.2d 3 (1st Dept, 1997):  Successfully opposed plaintiff’s motion for summary judgment in action for alleged claims of personal injuries from performance of massage.

■ Professional and Civic

  • LGBT Bar Association of Greater New York (“LeGal”), member and co-vice chair Judicial Committee Screening Panel
  • 2018 Civil Court Independent Screening Panel, member
  • Association of the Bar of the City of New York, member; past member Legal Issues Pertaining to Animals Committee, LGBT Rights Committee and Medical Malpractice Committe
  • Defense Research Institute, member, Diversity Committee
  • Big Hands Little Paws, Inc., founder and chair, a nonprofit organization dedicated to the rescue and adoption of homeless, abandoned and neglected cats and dogs

■ Admissions

  • City and State, Corporate Social Responsibility Award “Outstanding Leadership in Promoting Diversity and Inclusion”, 2018
  • New York State Bar Association, President’s Pro Bono Service Award
  • Super Lawyers, Class Action/Mass Torts and Personal Injury – Medical Malpractice: Defense, since 2014

■ Education

New York Law School
 ,JD
 ,1988
Drew University
 ,BA
 ,1985

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of June 5, 2023 7:13 pm
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