Senior Trial Partner Jacqueline D. Berger, assisted by Associate Simone A. Grey, obtained a dismissal in a case involving a 45-year old male who presented to the Emergency Department at our client hospital after a motor vehicle accident. X-rays revealed complete traverse fractures of the distal portion of bilateral femurs. The following day, plaintiff underwent a closed reduction with intramedullary nailing of the femur fractures. Post-surgery, plaintiff continued to report right ankle pain and was discharged to an acute rehabilitation facility, and thereafter, continued to treat at our client’s hospital outpatient clinics for some time.
Plaintiff commenced this medical malpractice action on March 27, 2019, alleging severe physical and emotional injuries including disability and injury to his vascular, neurological and muscular systems requiring further surgery. Despite multiple demands and motions, plaintiff failed to provide a bill of particulars. In October of 2023, we moved on behalf of our client hospital for a second time, requesting dismissal pursuant to CPLR 3126 and 3042. The judge granted our Motion and dismissed this action for plaintiff’s violation of multiple court orders and failure to provide a bill of particulars.