Senior Trial Partner Jeff Lawton, Partner Michael Manning and Associate Gabrielle Murray obtained a Summary Judgment motion in Westchester County. This matter stems from a total hip arthroplasty performed by co-defendant surgeon at our client hospital on January 15, 2018. Plaintiff, then aged 70, alleges the surgery was improperly performed, resulting in a hematoma and an infection. Plaintiff required extensive antibiotic therapy, and replacement of her hardware via a two-stage surgical procedure.
MCB filed a motion for summary judgment on behalf of our client hospital, supported by an expert affirmation from our internal medicine expert. Judge Giacomo rendered a Decision granting our motion for summary judgment. The Court determined that our client hospital satisfied its prima facie burden based upon the evidence proffered in support of our motion, including the expert affirmation of our internal medicine expert. Plaintiff did not oppose our motion. Therefore, the Court concluded that plaintiff failed to raise an issue of fact with respect to liability and proximate cause.