Senior Trial Partner Thomas Mobilia, Partner Jacqueline Berger and Associate Evan Schnittman obtained summary judgment in Supreme Court Kings County. A 27-year old male plaintiff was dropped off at our client hospital ambulance bay by a private car with a gunshot wound to the right thigh that perforated the right super femoral artery and vein. The plaintiff was unresponsive, in respiratory distress, had unstable vital signs, and was hypotensive. He was immediately intubated, started on IV fluids, and a massive transfusion protocol was initiated due to exsanguination. After intubation the patient's heart stopped and he was resuscitated with a thoracotomy after the patient was not responsive to CPR. The patient was brought to the OR and the trauma surgeon was successful in repairing two major ligated vessels. However, the patient went into cardiac arrest shortly after the procedure was finished and could not be resuscitated.
In moving for summary judgment, we submitted the expert affirmations of a trauma surgeon who opined that the ED staff timely and appropriately diagnosed and treated the patient's right leg gunshot wound and went to extraordinary lengths to attempt to save the patient's life. The expert opined that the patient's injury was fatal due to loss of blood prior to his arrival in the ED and irreversible shock. We also submitted an expert affirmation from a trauma anesthesiologist who opined that the medication administered by the anesthesiology team, fluids, and blood products were appropriate and within the standard of care and nothing further could have been done to prolong the patient's life.
Plaintiff's counsel did not oppose our motion for summary judgment and our motion was granted without opposition, dismissing the case in its entirety.