Bartlett LLP is pleased to report that, after seven years of hard-fought litigation, our healthcare liability defense team of Partners Glen Pewarski, Grace McCallen, and Steve Snair obtained summary judgment dismissing the plaintiff’s complaint against our clients, a major, prestigious Manhattan-based healthcare system and several of its physicians across multiple specialties. This was a particularly high-stakes case involving allegations of medical malpractice over a period of eight years and wrongful death resulting from a rare, highly aggressive form of prostate cancer.
The Supreme Court, Bronx County adopted the defense’s argument, ruling that some of plaintiff’s allegations were time-barred by the applicable statute of limitation because the statute was not tolled by continuous treatment. As for those allegations that were timely, the Court ruled that the defense’s experts in urology, internal medicine, and emergency medicine respectively established that there were no departures from the standard of care by the defendants and that the alleged departures did not cause or contribute to plaintiff’s claimed injuries or death. With the burden shifted to plaintiff, the Court again adopted the defense’s argument, ruling that plaintiff’s expert’s opinion did not raise an issue of fact because it was unsupported and did not controvert the defense experts’ opinions. Therefore, the Court dismissed plaintiff’s complaint in its entirety.
Well done, Steve, Glen, and Grace!
