Discontinuance in Subarachnoid Hemorrhage Case

Discontinuance in Subarachnoid Hemorrhage Case

Senior Partner Michael F. Madden, and Partner Amy E. Korn obtained a discontinuance of all claims against a major NYC Hospital after the filing of a summary judgment motion in a case surrounding the diagnosis and management of a subarachnoid hemorrhage. The plaintiff presented to the Emergency Department of our client hospital.  A work-up in the Emergency Department, which included the performance of CT scans, was unremarkable and the plaintiff was discharged.  Later that same day, the plaintiff returned to the Emergency Department following a fall at home.  A work-up in the Emergency Department revealed a subarachnoid hemorrhage.  Neurosurgery was consulted and no surgical intervention was recommended. Plaintiff was unable to oppose MCB’s summary judgment motion and the two expert affirmations from a Board Certified Radiologist and Board Certified Emergency Medicine expert, and executed a discontinuance for MCB’s client while the motion was pending.