Two more successful summary judgment motion outcomes for ARFD clients
Lawrence W. Rosenblatt and his team were able to achieve dismissals on behalf of multiple ARFD clients in April and May in two cases – in Queens and Kings Counties – as a result of summary judgment motions.
The Queens matters involved issues surrounding the performance of emergent neurosurgical treatment by two neurosurgeons. It was claimed that these defendants improperly utilized lysing agents during emergent surgical intervention of a patient who stroked during an aneurysm surgery. The plaintiff further alleged that, as a result, the patient suffered a brain bleed, became neurologically compromised and untimely expired years later from this condition. ARFD was able to retain a leading expert in the field to proffer an affidavit in support of the motion, compelling plaintiff’s counsel to discontinue the case against the two neurosurgeons.
In the Kings County matter, the issue focused on an internist’s alleged failure to timely diagnose and treat prostate cancer, leading to metastasis and shortened life expectancy. ARFD was able to not only demonstrate that the internist comported within good and accepted care but, additionally, there was no actual proof of metastatic disease given the plaintiff’s refusal to undergo biopsy, and that the plaintiff’s life expectancy was not statistically shortened given the number of years since treatment was concluded with no recurrence. Once confronted with opposition to the motion, it was further demonstrated that the plaintiff’s expert’s arguments were conclusory – an argument adopted by the court in it’s decision dismissing the case as to not only the ARFD client, but the co-defendant as well.