Senior Trial Partner John J. Barbera and Senior Associate Christopher J. Daniel obtained summary judgment in a case involving two unwitnessed and undocumented falls allegedly suffered by the decedent at the defendant facilities, which included the MCB represented Dialysis Center. With respect to each of the falls, there was no documentation of either fall within the records of the defendants.
MCB moved for summary judgment with the support of a nursing expert who opined that all appropriate measures were taken by the Dialysis Center when the decedent was a patient at the facility. In addition, it was argued that when the decedent arrived to and left the Dialysis Center, the decedent was documented to be normal, which was also consistent with the documentation of the co-defendant nursing home when the decedent returned to that facility from the MCB represented Dialysis Center. Given the circumstantial evidence surrounding each of the falls, MCB’s motion for summary judgment was granted following oral argument.