Senior Partner, Jeff Lawton, and Associates, Jennifer Wanner and Brian Kim, obtained a discontinuance on behalf of an otolaryngologist in Supreme Court, New York County after her summary judgment motion went unopposed by the plaintiff. Plaintiff’s counsel has continued the action against the co-defendants, an anesthesiologist and a leading New York hospital, where the surgery at issue was performed.
In this matter, the plaintiff alleged that she was malpositioned during ambulatory nasal surgery which allegedly resulted in a torn rotator cuff of her right shoulder. MCB submitted the affirmation of an expert, board certified in otolaryngology, to opine that our defendant who performed nasal surgery upon the plaintiff, would not be involved with positioning the patient and would not be responsible for any alleged injury to the patient, especially in the location of her right shoulder. In addition, MCB also submitted an expert affirmation from our own defendant doctor that she herself, was not involved in touching any body part of the plaintiff other than the plaintiff’s head and/or nasal cavity during the nasal surgery.
After plaintiff’s counsel repeated insistence that they would not oppose our client’s motion, they repeatedly refused to provide a Stipulation of Discontinuance. As such, after numerous correspondences with the Court and relentless advocacy for our client, plaintiff’s counsel finally relented and signed a Stipulation of Discontinuance as to our defendant which was then so-ordered by the Honorable Justice George Silver. The case continues now as against the co-defendants.