Discontinuance During Summary Judgment
HPM&B recently obtained a discontinuance for our client, an interventional cardiologist, after moving for summary judgment. Plaintiff alleged that the defendant interventional cardiologist failed to timely intervene in the patient’s care to address internal bleeding. The patient had a procedure by another provider earlier that day. Our client brought the patient back to the operating room emergently. However, despite our client’s efforts, the patient died on the operating room table. We moved for summary judgment with the support of a renowned interventional cardiology expert who opined that the defendant’s care and treatment was completely appropriate at all times. We established that the defendant acted timely and administered the appropriate lifesaving measures to quickly stop the bleeding and stabilize the patient. Plaintiff was unable to secure an expert witness to refute HPM&B’s position. Accordingly, plaintiff voluntarily discontinued the case against our client. The case will continue against the remaining co-defendants.
