Hillary C. Agins, Esq. and Brian Dwyer, Esq. successfully obtained summary judgment on behalf of a NYC Hospital in a case involving allegations that the defendant failed to properly treat a patient’s MRSA infection in his ankle, leading to an infection to his cervical spine, resulting in a prolonged admission and spine surgery.

FKB argued that the hospital appropriately rendered care and treatment from an orthopedic and infectious diseases standpoint. The infection to the plaintiff’s spine with which he presented several weeks later was unrelated to the ankle infection, as demonstrated by labs and cultures.  Rather, the plaintiff’s own behaviors caused his spine infection.

In opposition, plaintiff submitted affidavits from two experts, neither of whom provided any specificity as to how the hospital departed from the accepted standards of care and caused the plaintiff’s alleged injuries.  The Court agreed and dismissed all claims of negligence against FKB’s client.