Congratulations to Kevin Denaro and his team for obtaining a reversal of a summary judgment denial, dismissing the case on the eve of trial!

This medical malpractice matter involved allegations of a failure to diagnose Cushing’s disease against a defendant neuroendocrinologist and a New York hospital. The settlement demand was in excess of 10 million dollars.

At the conclusion of discovery, Partner Kevin Denaro filed a motion for summary judgment supported by an affidavit of a neuroendocrinology expert specializing in Cushing’s disease. This expert  opined that, based upon subsequent surgical pathology, there was no evidence that the plaintiff ever had Cushing’s disease. The New York County trial court denied the summary judgment motion, and scheduled the matter for trial. ARFD filed a notice of appeal.

While Mr. Denaro and his team prepared for trial, ARFD’s appellate team perfected the appeal, Charles Hickerson thereafter arguing the appeal before the Appellate Division, First Department. Weeks before trial, the First Department issued a decision fully reversing the trial court’s summary judgment denial, holding that plaintiff’s expert failed to address the significance of the surgical pathology results, thus failed to raise a issue of fact on causation. Accordingly, the First Department  directed case be dismissed in its entirety as to all defendants.

ARFD thanks its clients for having the confidence in our litigation strategy to allow for an aggressive litigation to fully exonerate the medical providers.