Summary Judgement Granted

Congratulations to HPM&B Attorneys Laura S. Murphy, Mathew Messina, Corey Schmidt and their team for winning a contentious summary judgment motion and plaintiff’s motion to reargue in Suffolk County Supreme Court. This case involved the death of a 48 year-old female at a major metropolitan hospital following an abdominal procedure. The decedent deteriorated post-operatively and died several days later. HPM&B successfully established that the decedent’s death was not due to a surgical complication; rather, her death was due to neuroleptic malignant syndrome—a rare and life-threatening reaction to the administration of Reglan given to control the decedent’s vomiting. Plaintiff attempted to raise new allegations in opposition to HPM&B’s motion, and plaintiff’s expert’s opinion was also based upon incorrect facts. These deficiencies were pointed out in HPM&B’s Reply affirmation and in opposition to plaintiff’s motion to reargue, and the Court dismissed the case in its entirety and denied plaintiff’s motion to reargue.