FKB’s Patrick Brennan and Kaitlin Drummond recently won summary judgment for several hospital and physician clients in two medical malpractice cases. In Case No. 1, FKB defended a hospital and anesthesiologist from allegations that during a lengthy orthopedic surgery procedure necessitated by complications encountered by the orthopedic surgeon, the patient experienced significant bouts of desaturation, which were not timely and properly addressed, causing hypoxia,  brain damage, numbness in his tongue, difficulty speaking and pain. Using an affidavit from a well-qualified anesthesiology expert, the defendants moved for summary judgment. The assigned  Justice in Kings Supreme Court granted the motion, finding plaintiff had not addressed the expert’s contentions beyond conclusory assertions, unsupported by the facts.

In case no. 2, FKB defended a hospital, pulmonologist and an internist in a medical malpractice case involving a patient with significant autoimmune related pulmonary disease who died of a pulmonary embolism five days after discharge from a rehabilitation facility. At the facility, she tested positive for Covid and received anticoagulants due to the risk of clots. At discharge, she was not continued on anticoagulants. Using an affidavit from a pulmonologist/critical care expert, FKB argued that anticoagulants were not required following discharge even with a recent history of Covid positivity, absent signs or symptoms of clot formation. The assigned Justice agreed, and dismissed the claims, finding the opposing expert’s affirmation insufficient to raise a question of material fact.