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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal on behalf of a New York City attending anesthesiologist and a major teaching Hospital. This Supreme Court, New York County case involved allegations of negligent positioning while the patient was under anesthesia that allegedly caused a rotator cuff injury and hip bursitis. Defendants’ summary judgment motion was supported by ...
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Summary Judgment Dismissal
HPM&B recently obtained dismissal of an action on behalf of two neurosurgeons, a vascular surgeon, and a major Long Island hospital. Plaintiff was admitted to the hospital to undergo spinal surgery, which was performed by our two neurosurgeons. During the procedure, an arterial line was placed in plaintiff’s arm to monitor vital signs.  Plaintiff subsequently developed numbness in ...
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Summary Judgment Dismissal
Congratulations to HPM&B Partners John P. McNaboe and Rachel S. Bloom on obtaining summary judgment dismissal on behalf of two orthopedic surgery residents and a board-certified rheumatologist in Supreme Court, Nassau County. Plaintiff claimed these defendants failed to diagnose septic arthritis in the right hip and left shoulder, resulting in a delayed diagnosis, bone necrosis, ...
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Summary Judgment Dismissal
HPM&B Partners John P. McNaboe and Christina Reinle recently obtained dismissal of an action on behalf of a transplant surgeon and a major hospital in the New York tri-state area. Plaintiff underwent an ambulatory procedure at the hospital to provide easier access for at-home dialysis. After being discharged from the hospital, plaintiff developed abdominal pain, leading to his ...
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Summary Judgment in High Exposure Medical Malpractice Case Affirmed on Appeal
The Appellate Division, First Department recently affirmed the dismissal of a multi-million-dollar claim by a plaintiff who needed a quadruple amputation after developing urosepsis. In the Supreme Court, Bronx County and on appeal, a team of HPMB attorneys including Partners Dan Ratner, Denise Holzka, Katherin Crossling and Of Counsel Jason Barrer successfully argued that there was no basis ...
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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 ...
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Unanimous Defense Verdict
HPM&B recently obtained a unanimous defense verdict on behalf of an attending cardiologist and a major Hospital network in Supreme Court, Westchester County.  The case involved an alleged negligently performed transesophageal echocardiogram (TEE) resulting in an esophageal perforation, sepsis, extended hospitalization, the need for a feeding tube, malnutrition, and prolonged skilled nursing services.  Plaintiff’s pre-trial ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal on behalf of an Endoscopy Center in a case venued in Supreme Court, Kings County.  Plaintiff alleged that the defendant improperly performed a colonoscopy and failed to timely and properly diagnose and treat a bowel perforation.  Although plaintiff complained of bloating, constipation, and pain following the colonoscopy, defendant established, ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal on behalf of a pulmonologist in a Supreme Court, Orange County medical malpractice case.  Plaintiff alleged that the physician failed to properly treat the decedent’s pleural effusions during a multi-week hospital admission.  The decedent was nearing the end of his life due to esophageal cancer.  It was specifically alleged ...
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Summary Judgment Victory
HPM&B won summary judgment dismissal for a pediatrician in a high-exposure brain damaged baby case venued in Supreme Court, Richmond County.  Plaintiff claimed that the defendants failed to timely diagnose and treat cytomegalovirus (CMV) in the infant-plaintiff resulting in profound neurological deficits. HPM&B overcame plaintiff’s opposition, which was supported by three expert affirmations including a pediatric neurologist, neuroradiologist, and neonatologist. HPM&B successfully argued that the defendant pediatrician appropriately referred the ...
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