Plaintiff Lets Claim for Migrating IUD Slip Through Her Fingers

by | Aug 10, 2021 | Case Results, Medical Malpractice | 0 comments

Partners Jeff Lawton and Gregory J. Radomisli obtained a partial summary judgment win in Supreme Court, New York County in a case involving an IUD. Plaintiff brought allegations of improper insertion of, and failure to recognize migration of, an intra-uterine device (“IUD”), purportedly in 2004, allegedly leading to perforation of the uterus, appendix, and colon. Plaintiff treated with our client from 2003 through 2006 and between 2001 and January 2015. She did not bring her lawsuit until November 2015.

We successfully moved for summary judgment to dismiss all claims arising out of treatment rendered in 2011 and before. We effectively had any claim regarding the improper insertion of the IUD dismissed, and limited plaintiff’s claims to two visits—one at which she never complained of abdominal pain, and the second at which the migrating IUD was actually diagnosed.