Partner Emma B. Glazer, assisted by Associate Lauren Bisogno obtained summary judgment in a case involving the alleged development of a stage IV sacral ulcer and a stage III hand ulcer on a patient with multiple comorbidities, including kidney disease, diabetes, and impaired gait.
MCB moved for summary judgment with the support of a geriatrician who opined that all appropriate pressure ulcer prophylaxis measures were implemented and the patient only developed a stage II sacral ulcer, and no hand ulcer, as a result of her pre-existing conditions. In opposition, plaintiff's expert opined that the development of pressure ulcers should never occur. Plaintiff's expert did not address any of the opinions offered by the defendant's expert or offer any opinions as to why the prophylaxis measures provided were insufficient. The Court found that plaintiff's expert's affidavit was conclusory, ignored the records, and failed to raise a triable issue of fact. As such, summary judgment was granted and the case was dismissed.