Summary Judgment Dismissal

HPM&B was recently awarded summary judgment dismissal in a Bronx County action for a renowned spine surgeon, anesthesiologist, CRNA, and premier orthopedic surgery institution. Plaintiff alleged improper positioning during spine surgery resulting in ulnar neuropathy at the elbow. Through discovery, the defense sought and obtained medical records dating back to the 1980’s demonstrating the plaintiff had been experiencing such symptoms for decades prior to the surgery at issue. At the conclusion of discovery, the defense moved for summary judgment with the support of experts in spine surgery, anesthesiology, neurology, and vascular surgery. Collectively, these experts opined the plaintiff was properly positioned throughout the procedure and there was no causal link between positioning and the outcome because the patient had longstanding thoracic outlet syndrome. The Court granted the motion and the case was dismissed.