Mr. Pegnia is a Partner at Damon Morey and is a trial attorney in the Firm’s Litigation Department. He is also a member of the Health Care Practice Group and serves as Chair of the Firm's Recruitment Committee.

Mr. Pegnia concentrates his practice on professional liability specifically as it relates to the defense of malpractice claims against hospitals, nursing homes, physicians, physician extenders and nurses. He has handled lawsuits from case inception to verdict and has earned a high rate of dismissals and/or successful verdicts in the cases on which he has been lead defense counsel. He also has extensive experience with hospital risk management, credentialing and privilege disputes, including hospital administrative proceedings. Mr. Pegnia has also represented physicians before the New York State Office of Professional Medical Conduct (OPMC).

Given his experience defending complex medical malpractice claims, Mr. Pegnia is also regularly involved in the defense of catastrophic personal injury matters involving toxic torts, products liability and general negligence matters.

Mr. Pegnia is admitted to practice before all courts in the State of New York, as well as the United States District Court for the Western District of New York. He is a member of the Erie County Bar Association, the New York State Bar Association, the American Bar Association and the Defense Research Institute. Additionally, Mr. Pegnia is a member of the United Way of Buffalo and its Emerging Leaders Society.

Representative Matters:
• Trial verdict: Successfully defended medical malpractice claim against physician wherein it was claimed physician broke patient’s leg while administering epidural injection.
• Summary judgment obtained on behalf of physician in alleged failure to diagnose lung cancer.
• Summary judgment obtained on behalf of physician in alleged failure to diagnose and treat acute pancreatitis and biliary disease.
• Summary judgment obtained on behalf of hospital in case where patient claimed that foreign object was inadvertently left behind during surgical procedure.
• Summary judgment obtained on behalf of physical therapist where patient claimed therapist fractured neck fusion hardware during treatment session.
• Trial verdict: Successfully defended claim against hospital that fold-away cot fell on visitor’s foot resulting in complex regional pain syndrome (CRPS) and subsequent loss of business.
• Trial verdict: Successfully defended claim against hospital that patient was sexually assaulted while a patient in cardiac care unit under effects of medication.
• Trial verdict: Successfully defended claim against hospital that post-operative patient sustained damage to lower back fusion hardware when being moved by transport aide.

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