Senior Trial Partner, Jacqueline D. Berger, and Partner, Victor M. Ivanoff, secured summary judgment on behalf of MCB’s client surgeon who performed a cholecystectomy for gallbladder disease. Post-operatively, hypotension, a drop in hematocrit and hemoglobin and low urinary output were recognized, at which time the patient was returned to the OR. A transection of the cystic artery was found and repaired. Subsequently, the patient had an embolic stroke. It was alleged MCB’s client excessively transected the cystic artery during dissection of the hepatocystic triangle before control was obtained, and/or blindly placed surgical slips on the cystic artery, resulting in subsequent massive hemorrhage and new strokes causing neurologic injury.
MCB’s motion for summary judgment was granted in its entirety. We argued, through the use of experts in surgery and neurology, that the transection of the cystic artery was a risk of the cholecystectomy and was not due to negligent surgical technique. The experts opined that the injury was promptly and properly detected and repaired. Finally, the experts opined the reason for the subsequent stroke was not due to hemorrhage, but rather, from the holding of anticoagulants due to preexisting atrial fibrillation, which was necessary prior to and subsequent to the surgical procedure and approved by the patient’s cardiologist. The Court found plaintiff's opposition to be insufficient to rebut our prima facie showing of entitlement to summary judgment.