ARFD Partner, Patrick Mevs, and Associate, Jordan Conger, win summary judgment in Supreme Court, Rockland County.
Congratulations to ARFD Partner, Patrick Mevs, and Associate, Jordan Conger, who recently won summary judgment in Supreme Court, Rockland County in a medical malpractice case wherein plaintiff alleged permanent nerve damage to her right arm due to improper surgical positioning.
Patrick and Jordan moved for summary judgment dismissal on behalf of their client, a Rockland County Hospital, against plaintiff’s claims that the hospital, along with the codefendant private attending surgeons, failed to properly position plaintiff during gynecological surgery after which she allegedly suffered permanent ulnar nerve damage. Defendant’s anesthesiology and nursing experts supported the propriety of the Hospital’s care in opining that plaintiff was appropriately positioned and assessed during the surgery and that all appropriate safeguards were in place to protect the ulnar nerve during surgery. Further, defendant’s experts opined that plaintiff was properly monitored postoperatively, and that a compression injury to the nerve would have manifested immediately after surgery, yet plaintiff made no such nerve related complaints.
Rather than opposing the Hospital’s motion, plaintiff’s counsel unexpectedly moved to be relieved as counsel, after which the pro se plaintiff proceeded with the litigation, but declined to oppose our motion. The court then issued a decision granting the Hospital’s motion in full. The pro se plaintiff did oppose the codefendants’ motion for summary judgment and the Court only granted codefendants a partial dismissal.