Voluntary Dismissal
HPM&B recently obtained a voluntary dismissal on behalf of two surgeons, three anesthesiologists, a nurse, and a large metropolitan hospital. Plaintiff claimed he was improperly positioned during spine surgery resulting in brachial plexopathy and diminished function of his arm and hand. Following depositions and the completion of discovery, the defense moved for summary judgment with the support of experts in spine surgery, anesthesiology, and neurology. Collectively, these experts opined that the plaintiff was properly positioned and there was no causal link between positioning and the outcome. Given the strength of our arguments, plaintiff discontinued the case without submitting any opposition to the motion.