HPM&B Secures Summary Judgment Dismissal

Congratulations to Andrew M. Neubardt and Olivia Darius for obtaining summary judgment dismissal of all claims by a plaintiff against a defendant vascular surgeon in Supreme Court, Westchester County.  The plaintiff sustained a vascular injury to the superior mesenteric artery, inferior mesenteric vein, and right renal vein during an appendectomy, resulting in uncontrollable bleeding.  The vascular surgeon was called in by the primary surgeon to address the bleeding.  The vascular surgeon quickly stopped the bleeding and repaired the vascular injuries.  Following the surgery, the plaintiff developed bowel ischemia and a large portion of his small bowel had to be removed.  Andrew and Olivia successfully argued that the vascular surgeon appropriately performed the repair and that his quick actions essentially saved the patient’s life.  Despite the plaintiff’s claims that the vascular surgeon did not follow the patient for a reasonable time postoperatively and failed to diagnose bowel ischemia, Andrew and Olivia successfully argued that as an intra-operative consultant, the vascular surgeon appropriately followed the patient post-operatively for two days, during which time there were no signs of bowel ischemia, and that the patient then transitioned to ICU coverage for further management.  The case against the vascular surgeon was dismissed in its entirety.