Dismissal in Case Involving Anoxic Brain Injury

by | Dec 17, 2020 | Case Results, Medical Malpractice | 0 comments

Senior Partner Peter T. Crean and Of Counsel Maureen P. Blazowski obtained a dismissal of a case involving a brain injury as a complication of a cardiology procedure on behalf of our client hospital and cardiothoracic surgeons.

In this matter, the plaintiff, a 78 year old male, underwent Automatic Implantable Cardioverter Defibrillator (AICD) extraction by defendant doctor at our client hospital. The patient sustained a perforation of the atrium as a complication of the procedure. The responding surgeon presented to the operating room to assist the operative surgeon in managing the complication. The patient sustained anoxic brain injury and died approximately one month later.

MCB moved for summary judgment at the completion of discovery, arguing that the decedent was fully apprised of the risks, complications and alternatives of the procedure, including the risk of cardiac perforation, and consented to proceed with surgery after being so informed.

Plaintiff’s counsel moved to be relieved immediately upon service of the motions, which was granted. The Pro Se plaintiff failed to retain new counsel and/or an expert despite ample time to do so. Judge O’Donoghue correspondingly dismissed the case pursuant to 22 NYCRR 202.27(b).