FKB’s Hillary Agins and Brian Dwyer Successfully Obtain Summary Judgment on a multifaceted medical malpractice claim against FKB’s clients.

This action involved allegations that defendants were negligent in first, prescribing the medication amantadine to the plaintiff, and then, discontinuing the medication. She alleged that the care rendered by the defendants resulted in numerous injuries including a fall, toxic encephalopathy, and ultimate withdrawal symptoms from being taken off the amantadine.

FKB’s clients included the patient’s treating neurologist, who was managing the patient’s condition with various medications, as well as the critical care attending and attending neurologist who treated her at the hospital when she presented directly from a nursing home in critical condition.

Hillary and Brian moved for summary judgment with the affirmations of two medical experts, both of whom opined that FKB’s clients’ management of this patient before and during the hospitalization was entirely appropriate; there were no departures from the accepted standards of care by maintaining the patient on amantadine for treatment of her condition; there were no departures when the providers discontinued the amantadine. The expert also opined that FKB’s clients’ care and treatment was not the proximate cause of plaintiff’s alleged injuries.