Senior Trial Partner Michael A. Sonkin and Lisa M. Iannone, Of Counsel, successfully moved for summary judgment in a case involving allegations of over prescription of narcotic pain medications and muscle relaxants, in combination with mental health medications, to plaintiff’s decedent, a then 47-year-old widow, resulting in her death. We represented an orthopedic surgeon and his practice. In early 2017, the decedent presented for neck and lower back pain following a motor vehicle accident. Objective testing established that the complaints of pain were substantiated and the injuries stemmed from the accident. The New York State prescription monitoring program was checked. We argued that any subsequent failure to check the prescription monitoring program at later appointments was not negligence, as the orthopedic surgeon did not prescribe any controlled substances that required listing on the registry. The narcotic medications found in the decedent’s system on autopsy and related toxicology report were not prescribed by the orthopedic surgeon. The treatment by the orthopedic surgeon did not proximally cause the decedent’s death. The Court granted the motion in its entirety over plaintiff’s opposition, dismissing all claims against MCB’s clients.