Summary Judgment Dismissal

HPM&B recently obtained summary judgment dismissal on behalf of a major metropolitan hospital, a Neurosurgeon, and a Thoracic Surgeon.  Plaintiff alleged that that the defendants improperly performed a spinal surgery upon plaintiff, resulting in damage to the surrounding nerves and subsequent pain and numbness.  Plaintiff also alleged that the procedure was unnecessary, contraindicated, utilized a technique not used in the medical community, and that plaintiff was not properly advised of the risks of the surgery.  Laura S. Murphy and Christina Reinle successfully argued that the surgery was indicated, properly performed using a well-known and accepted technique, and that any damage to the surrounding nerves was a known risk of the procedure. The Court agreed and held that plaintiff’s expert witness Affirmation was insufficient to raise an issue of fact requiring a trial. The case was dismissed in its entirety.