Senior Trial Partner Christopher A. Terzian secured an appellate win for MCB's client, a surgeon, after arguing before the Appellate Division, Second Department, that the Supreme Court's denial of Summary Judgment to MCB's client should be reversed. The Appellate Court unanimously reversed the Supreme Court's decision, which had denied MCB's client Summary Judgment.
The case involved laparoscopic surgery to remove a gallstone from the plaintiff's common bile duct. A remnant stone remained in the common bile duct, but the surgeon was unable to remove it. A bile leak developed postoperatively, which was treated by placement of as tent in the plaintiff's common bile duct. The surgeon also unsuccessfully attempted to remove the remnant stone one month later by performing an open laparotomy. One month after that, the surgeon performed a second laparoscopic surgery and was able to remove both the remnant stone and the stent.
Mr. Terzian successfully convinced the Appellate panel that MCB's motion for Summary Judgment should have been granted because the plaintiff's expert Affirmation was speculative and conclusory and, therefore, failed to raise a triable issue of fact. Mr. Terzian demonstrated that the plaintiff's expert relied on facts that were not supported by the record and also failed to establish a causal connection between the surgeon's care and the plaintiff's alleged injuries.