Senior Trial Partner Jeff Lawton and Associate Alexandra Claus obtained summary judgment in New York County. This case involved a laparoscopic cholecystectomy performed by our co-defendant surgeon. During the surgery, the hepatic duct and artery was inadvertently injured. The patient was transferred to our client hospital where our surgeon, an expert in liver procedures and liver transplants, performed a Roux-En-Y procedure to repair the hepatic duct and artery. She was subsequently discharged from the hospital, but sustained a cardiac arrest 5 days later. An autopsy found a hepaticojejunostomy with intact anastomosis found in place. We argued that the cholecystectomy performed by co-defendant surgeon was indicated and that the named residents acted under the explicit direction and supervision of the attending surgeon. Upon the patient's transfer, the hepaticojejunostomy was timely and properly performed and she was properly discharged. In response to our motion, plaintiff's counsel filed an Affirmation of no opposition. The Court dismissed the case as to our defendants in its entirety.
