Jennifer Yuen

Partner

Jennifer.Yuen@lewisbrisbois.com

Jennifer is a Partner, trial attorney and member of the New York Labor Law, Construction, Medical Malpractice, Healthcare, Traumatic Brain Injury Defense, Toxic Tort & Environmental Litigation, Products Liability and General Liability practice groups at Lewis Brisbois. She is the National Co-Chair of the firm’s Traumatic Brain Injury (TBI) Defense Practice and manages a trial and litigation team in the New York City office. Jennifer and her team specialize in the defense of matters alleging catastrophic loss and significant liability and damages exposure through all stages of litigation and at trial in all New York State and federal courts.

Her clients include: the nation's largest physician management company (specializing in emergency medicine, urgent care, critical care medicine and diagnostic radiology services); construction developers, contractors and management companies; individual medical and healthcare services providers; New York’s largest private healthcare and hospital system; North America’s largest public transportation network; the City of New York; global product manufacturers; national food service providers; property owners; supermarkets, shopping centers and retailers; sports and entertainment venues; resorts and hotels; remediation and restoration service providers; oil and gas companies; and insurance companies.

Jennifer has served as lead trial and defense counsel on complex and high-profile cases arising from medical malpractice, construction accidents, pathogenic bacteria disease outbreaks (legionella, salmonella and listeria), pharmaceutical products liability (including opioid) litigation, environmental contamination, and occupational exposures to toxic substances (lead, mold, silica, petroleum and ethanol), negligent security, foodborne illness, large-scale fires, explosions and motor vehicle accidents. Her team regularly handles matters requiring a heightened analysis of complex medical and scientific issues. She also has particular expertise handling mass torts, multi-district litigation and matters involving large scale governmental investigations, and regulatory and compliance issues.

Prior to joining Lewis Brisbois, Jennifer was an attorney at two prominent New York City law firms, where she defended healthcare professionals and product manufacturers in medical malpractice, products liability and general liability litigation. She also served as Law Clerk to an Appellate Term Justice of the Supreme Court of the State of New York, Twelfth Judicial District, First Department. 

Jennifer is committed to staying knowledgeable of advancements and evolving regulations impacting healthcare, product, and workplace liability and safety. She regularly presents on critical industry specific topics at Medical Residency and Education, Claims Management, Client Education and Risk Management programs and conferences. She values building strong relationships with her clients by providing them with aggressive, effective, compassionate and ethical legal representation. 

Before beginning her legal career, she worked as a patient liaison and interpreter at two major New York City hospitals. She is also a licensed New York State Real Estate Broker. She speaks Chinese (Cantonese) and Spanish.

Recent Victories and Significant Litigation 

General Liability/Automobile: Defense Verdict at trial on behalf of large equipment rental and distribution company  (Kings County Supreme Court, April 2024)

Medical Malpractice: Dismissal of all claims against an Emergency Medicine Attending Physician and prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat spinal dural arteriovenous fistula, resulting in permanent paraplegia (New York County Supreme Court, May 2023)

Medical Malpractice: Summary judgment victory on behalf of an Emergency Department Attending Physician and prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat mitral valve flail leaflet, prolapse and regurgitation (Nassau County Supreme Court, 2022)

Medical Malpractice: Summary judgment victory on behalf of an Emergency Department Attending Physician, Emergency Department Physician Assistant and prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat ectopic pregnancy (Richmond County Supreme Court, 2022)

Medical Malpractice: Summary judgment victory on behalf of five Emergency Medicine Physicians and a prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving failure to diagnose and treat post traumatic internal organ injuries and abdominal bleeding and failure to timely initiate emergent surgical intervention resulting in wrongful death (Westchester County Supreme Court, 2022)

Medical Malpractice: Summary judgment victory on behalf of a Pediatric Emergency Medicine Physician and a prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat necrotizing fasciitis (Westchester County Supreme Court, 2022)

Medical Malpractice: Dismissal of all claims pursuant to motion on behalf of an Emergency Medicine Physician and a prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat a post-traumatic spinal injury resulting in quadriplegia (Bronx County Supreme Court, 2022)

Medical Malpractice: Summary judgment victory on behalf of an Emergency Department Physician Assistant and a prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat breast cancer (New York County Supreme Court, 2021)

Medical Malpractice: Dismissal of all claims against an Attending Radiologist at a prominent NY hospital in a medical malpractice case involving alleged failure to diagnose arterial occlusion resulting in partial foot amputation (Suffolk County Supreme Court, 2021)

Construction / New York Labor Law: Dismissal of all claims against the MTA pursuant to motion in a Labor Law / Construction case involving alleged Lead Paint Exposure resulting in lung cancer and other permanent injuries (New York County Supreme Court 2019)

Outbreak / Products Liability / Environmental and Toxic Tort Litigation: South Bronx Legionnaires Disease Outbreak Mass Tort Litigation – Lead Defense and Trial Counsel in 60+ products liability, breach of contract and general lability actions resulting in personal injuries and fatalities arising from 

NYC’s largest Legionnaires Disease Outbreak; all cases dismissed by motion or favorably resolved/settled (Bronx Supreme Court Mass Tort Litigation, 2021)

Products Liability / Fraud: In re: Opioid Litigation –Defense Counsel in Mass tort litigation and class action litigations alleging deceptive acts and practices, false advertising, public nuisance, fraud, unjust enrichment, and violations of law arising from alleged negligent manufacturing, promotion, distribution, and sales of opioids contributing to the opioid epidemic, 2020)

Premises / General Liability: In Re: Steam Pipe Explosion at 41st Street and Lexington Avenue – Lead Defense Counsel in mass tort litigation involving 200+ personal injury and property damage claims arising from 2007 Con Edison steam pipe explosion in New York City (New York County Supreme Court, 2019)

Premises / General Liability: Stolowski v. 234th East 178th Street and The City of New York – Second Chair Trial Counsel in catastrophic injury and wrongful death cases arising from the “Black Sunday” tragedy involving six New York City Firefighters (Bronx Country Supreme Court, 2016) 

Outbreak / Food Contamination / General Liability: Listeria Outbreak Litigation – Local Defense and Trial Counsel in numerous products liability and negligence actions resulting in personal injuries and fatalities from patient exposures and food contamination arising from listeria contamination at prominent NY hospital; all cases favorably resolved/settled (New York County Supreme Court, Kings County Supreme Court, U.S. District Court in the Southern District of New York, 2016) 

Medical Malpractice: Summary judgment victory on behalf of an Attending Psychiatrist and a prominent New York City hospital in a medical malpractice case involving alleged negligent prescription of psychotropic medications and failure to properly diagnose and monitor a mentally ill patient resulting in Neuroleptic Malignant Syndrome and death (Kings County Supreme Court, 2012)

Products Liability / MDL: In re: Fleet Phosphosoda® Multi-District Litigation – Local Defense and Science Counsel in 500+ OTC pharmaceutical products liability cases involving alleged acute and chronic renal failure and fatalities arising from the use of oral sodium phosphate solution-based products in preparation for colonoscopy (U.S. District Court in the Northern District of Ohio, 2011)

Products Liability / MDL: In re: Levaquin® Litigation – Obtained court-ordered dismissals based on plaintiffs’ failure to produce threshold evidence of expert support and causation, of multiple pharmaceutical products liability cases involving alleged joint ruptures from use of prescription antibiotics (U.S. District Courts in the Southern and Eastern Districts of New York, 2010) 

Products Liability / MDL: In re: Bausch & Lomb Contact Lens Solution (Renu with MoistureLoc®) Multi-District Litigation – Local Defense and Science Counsel in 500+ pharmaceutical products liability cases involving alleged serious ocular infections (U.S. District Court, D. South Carolina, 2010)

Primary Area(s) of Practice

  • Medical Malpractice
  • Healthcare
  • Products Liability
  • Toxic Tort & Environmental Litigation
  • Construction
  • General Liability
  • Long-Term Care
  • New York Labor Law
  • Traumatic Brain Injury Defense

Additional Experience

Admissions

New York

United States District Court, Eastern District of New York

United States District Court, Southern DIstrict of New York

Associations

  • The Association for Healthcare Risk Management of New York (AHRMNY)
  • New York County Lawyers’ Association (Committees: Health Law, Construction Law, Tort Law Section)
  • New York State Academy of Trial Lawyers

Awards & Honors

  • “Best Lawyers in America,” Medical Malpractice Law - Defendants, 2026
  • Selected to Super Lawyers New York Metro Rising Stars List – Medical Malpractice Defense Litigation (2018)
  • Selected to Super Lawyers New York Metro Rising Stars List – Product Liability Defense Litigation (2017)

Professional Presentations

  • Medical Malpractice in the Emergency Room: Risk Management Recommendations to Optimize the Delivery of Good Patient Care and to Minimize Exposure to Medical Professional Liability Claims at Emergency Medicine Grand Rounds at NewYork-Presbyterian Hospital, August 30, 2023
  • MCIC Vermont Shared Learning Series: Presentation on Effectively Defending General Liability Claims in Healthcare Setting and Medical Environment (CLE and CE for NY, FL, CT and MD) to In-house General Counsels, Associate General Counsels, Risk Managers, Claims Counsel and Claims Professionals for MCIC, New York – Presbyterian Health System (Columbia University Medical Center, Weill Cornell Medicine and New York-Presbyterian/Queens), University of Rochester Medical Center, Johns Hopkins Medicine,  Yale New Haven Health, Yale School of Medicine and Nicklaus Children’s/Miami Children’s Hospital, May 9, 2023
  • St. Barnabas Hospital / SBH Health System Emergency Medicine Residency and Education Program: Presentation on Medical Documentation Best Practices and Risk Management Issues to Emergency Medicine Physicians, Medical Residents and Risk Management, July 13, 2022
  • Chubb Medical Risk Claims: Presentation on California Elder Abuse Claims to Claims Leaders and Professionals, November 17, 2021
  • Montefiore Medical Center / Albert Einstein College of Medicine Emergency Medicine Residency and Education Program: Presentation on Medical Malpractice Litigation and Risk Management to Emergency Medicine Physicians, Medical Residents and Risk Management, December 2019
  • Big Nasty Claims Conference – Loss Issues & Trends: Setting the Stage – The increasing frequency, severity, and complexity of mass torts, multidistrict litigation, and class actions; and the keys to success in managing these claims to Claims, Insurance and Risk Management Leaders at New York Law School hosted by Advisen, September 2018
  • Costco Wholesale – General Liability & Premises Liability: Presentation to General Counsel, Claims and Risk Management, April 2017
  • Beazley Insurance: The Impact of the Affordable Care Act on Medical Malpractice and General Liability Litigation: Presentation to Claims and Risk Management, 2015
  • Electronic Discovery and Best Practices: CLE Presentation at The New York American Inn of Court, 2012

Education

Pace University School of Law

Juris Doctor

Columbia College of Columbia University in The City of New York

Bachelor of Arts in Political Science and Economics

Recent Victories and Significant Litigation 

  • Summary judgment victory on behalf of a Pediatric Emergency Medicine Physician and a prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat necrotizing fasciitis (Westchester County Supreme Court, 2022)
  • Dismissal of all claims pursuant to motion on behalf of an Emergency Medicine Physician and a prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat a post-traumatic spinal injury resulting in quadriplegia (Bronx County Supreme Court, 2022)
  • Summary judgment victory on behalf of an Emergency Department Physician Assistant and a prominent NY hospital’s Emergency Medicine Services Contractor in a medical malpractice case involving alleged failure to diagnose and treat breast cancer (New York County Supreme Court, 2021)
  • Dismissal of all claims against an Attending Radiologist at a prominent NY hospital in a medical malpractice case involving alleged failure to diagnose arterial occlusion resulting in partial foot amputation (Suffolk County Supreme Court, 2021)
  • Dismissal of all claims against the MTA pursuant to motion in a Labor Law / Construction case involving alleged Lead Paint Exposure resulting in lung cancer and other permanent injuries (New York County Supreme Court 2019)
  • South Bronx Legionnaires Disease Outbreak Mass Tort Litigation – Lead Defense and Trial Counsel in 60+ products liability, breach of contract and general lability actions resulting in personal injuries and fatalities arising from NYC’s largest Legionnaires Disease Outbreak; all cases dismissed by motion or favorably resolved/settled (Bronx Supreme Court Mass Tort Litigation, 2021)
  • In re: Opioid Litigation –Defense Counsel in Mass tort litigation and class action litigations alleging deceptive acts and practices, false advertising, public nuisance, fraud, unjust enrichment, and violations of law arising from alleged negligent manufacturing, promotion, distribution, and sales of opioids contributing to the opioid epidemic, 2020)
  • In Re: Steam Pipe Explosion at 41st Street and Lexington Avenue – Lead Defense Counsel in mass tort litigation involving 200+ personal injury and property damage claims arising from 2007 Con Edison steam pipe explosion in New York City (New York County Supreme Court, 2019)
  • Stolowski v. 234th East 178th Street and The City of New York – Second Chair Trial Counsel in catastrophic injury and wrongful death cases arising from the “Black Sunday” tragedy involving six New York City Firefighters (Bronx Country Supreme Court, 2016) 
  • Listeria Outbreak Litigation – Local Defense and Trial Counsel in numerous products liability and negligence actions resulting in personal injuries and fatalities from patient exposures and food contamination arising from listeria contamination at prominent NY hospital; all cases favorably resolved/settled (New York County Supreme Court, Kings County Supreme Court, U.S. District Court in the Southern District of New York, 2016) 
  • Summary judgment victory on behalf of an Attending Psychiatrist and a prominent New York City hospital in a medical malpractice case involving alleged negligent prescription of psychotropic medications and failure to properly diagnose and monitor a mentally ill patient resulting in Neuroleptic Malignant Syndrome and death (Kings County Supreme Court, 2012)
  • In re: Fleet Phosphosoda® Multi-District Litigation – Local Defense and Science Counsel in 500+ OTC pharmaceutical products liability cases involving alleged acute and chronic renal failure and fatalities arising from the use of oral sodium phosphate solution-based products in preparation for colonoscopy (U.S. District Court in the Northern District of Ohio, 2011)
  • In re: Levaquin® Litigation – Obtained court-ordered dismissals based on plaintiffs’ failure to produce threshold evidence of expert support and causation, of multiple pharmaceutical products liability cases involving alleged joint ruptures from use of prescription antibiotics (U.S. District Courts in the Southern and Eastern Districts of New York, 2010) 
  • In re: Bausch & Lomb Contact Lens Solution (Renu with MoistureLoc®) Multi-District Litigation – Local Defense and Science Counsel in 500+ pharmaceutical products liability cases involving alleged serious ocular infections (U.S. District Court, D. South Carolina, 2010) 

Published Opinions

Gaona-Garcia v. Gould (Decision and Order), 2011 NY Slip Op 51028(U), New York Law Journal June 15, 2011 (Decided on May 23, 2011 Supreme Court, Bronx County Alexander Hunter Jr., J.).

Publications

  • Limited Justice: A Call for the New York State Legislature to Implement Exceptions to the Statute of Limitations in Civil Cases Involving Childhood Sexual Abuse (Westchester Bar Journal 2007).
  • Law Practice Management, Co-editor (Gary A. Munneke/Thomson West. 3d ed. 2007).

Certifications

  • New York State Real Estate Broker
  • OSHA-10 (U.S. Department of Labor - Occupational Safety and Health Administration)
  • MTA NYC Transit Track Safety Certification
  • Metro-North Railroad Runway Worker Procedures
  • Roadway Worker Protection Training (required by 49 CFR Part 214 Subpart C)
  • New York State Notary Public