Summary judgment in neurologically-impaired infant case

Congratulations to the team of Nick Marotta, Nanor L. Terjanian and Michelle N. Lopez, successfully obtaining summary judgment in Queens County in a case involving claims that malpractice caused a infant to be born neurologically impaired.

The plaintiff had alleged that Aaronson Rappaport’s client failed to provide proper prenatal medicine consultations and thus timely diagnose Intrauterine Growth Restriction (“IUGR”), resulting in serious global developmental delays and brain/central nervous system injuries to the infant.  Supported by strong, well- written expert affirmations, Aaronson Rappaport convincingly demonstrated that at all times its client rendered good and accepted care.  The plaintiff, unable to refute the strong medical arguments put forth, instead attempted to proceed with a new theory in opposition to the motion, arguing that the defendant, a Chairman of Obstetrics at a NYC hospital, failed to ensure that certain guidelines were implemented.  In response, it was argued that that the plaintiff could not introduce new theories of liability after the completion of discovery and during the pendency of summary judgment motion practice and, further, even if the new theory was entertained by the court, it would still fail under applicable law. The Court found in favor of Aaronson Rappaport’s client, and dismissed all claims against the physician.    

 

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