The case involved allegations that FKB’s client, a podiatric surgeon, negligently performed surgery on the patient’s right foot, resulting in permanent nerve damage, chronic regional pain syndrome and reflex sympathetic dystrophy.  The patient passed away of unrelated reasons in November 2022.   Tracy S. Katz served a motion to dismiss, arguing that plaintiff’s counsel failed to demonstrate a reasonable excuse for the delay in substituting an Administrator for the patient’s Estate, and that the failure to do so for a period of 18 months was prejudicial to the defense.  The Judge agreed with FKB’s arguments and dismissed the action in its entirety.