Summary Judgment Dismissal

HPM&B recently received a summary judgment order dismissing claims against an orthopedic surgeon and his practice group. Plaintiff alleges that defendants caused and delayed the diagnosis of a post-procedure infection and failed to appreciate the significance of her alleged suture allergy. HPM&B demonstrated that plaintiff had undergone other surgeries both before and after the procedure at issue, all of which involved the use of absorbable sutures without any adverse reaction. We further established that plaintiff’s claim that she informed her surgeon of a suture allergy is directly contradicted by her own allergy list and the objective medical records. Plaintiff opposed the motion with an expert affirmation from a general surgeon and our reply papers demonstrated that plaintiff’s expert affirmation was conclusory, speculative, and insufficient to rebut the specific and detailed opinions of the defendants’ experts. The Court agreed that plaintiff’s allegations regarding an allergy to absorbable sutures—and that she informed defendants of such an allergy—were flatly contradicted by the medical records and her own documented allergy list. The Court held that plaintiff’s expert relied solely on plaintiff’s deposition testimony and failed to address the medical records demonstrating no documented allergy or adverse reaction following procedures involving absorbable sutures.