Summary Judgment Awarded in Bronx County
In January 2016, the Bronx County Supreme Court granted a motion for summary judgment dismissing a wrongful death action against an individual physician and major medical institution. This case involved a host of allegations against defendants, including, among other things, the alleged failure to diagnose and treat cardiac ischemia, congestive heart failure, hypertrophic cardiomyopathy, left ventricle hypertrophy, arteriosclerotic heart disease, diminished left ventricle ejection fraction and pulmonary hypertension. Through their expert affirmation, defendants demonstrated that they appropriately treated the decedent at all relevant times and that the patient died because of a sudden cardiac arrest which was unforeseen, could not have been prevented and was not due to the claimed malpractice. Accordingly, the Court dismissed plaintiff’s action in all respects. HPM&B partner James Navarro represented defendants on the motion.