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 presentation to another hospital. There, he was diagnosed with intrabdominal bleeding, suffered cardiac arrest, and passed away. Plaintiff alleged that our transplant surgeon improperly performed the procedure, resulting in intrabdominal bleeding, and that the hospital staff failed to appreciate this bleeding prior to discharge. Mr. McNaboe and Ms. Reinle moved for summary judgment dismissal of the claims against the transplant surgeon and hospital, arguing that there was no evidence that the procedure was not properly performed, or that that plaintiff made any complaints consistent with intra-abdominal bleeding prior to discharge. The Court granted the motion, without any opposition from plaintiff’s counsel, and dismissed all claims against the transplant surgeon and hospital.
