.png)
Senior Trial Partner Michael F. Madden and Partner Amy E. Korn secured a full dismissal of a high-exposure wrongful death and medical malpractice action on behalf of MCB’s clients. The case involved a 30-year-old morbidly obese male diagnosed with pulmonary embolism and non-ischemic cardiomyopathy during a hospital admission. After discharge, he was managed as an outpatient by MCB’s defendant cardiologist and later passed away.
The plaintiffs alleged a failure in proper cardiac monitoring, and failure to place an implantable cardioverter defibrillator. MCB moved for summary judgment, presenting expert affirmations and medical records demonstrating that all defendants acted within the standard of care and there was no clinical indication for an implantable cardioverter defibrillator. MCB further demonstrated that plaintiff’s contention that the placement of an implantable cardioverter defibrillator would have prevented the patient’s cardiac arrest was speculative. The Court agreed and Summary judgment was granted in full, dismissing all claims with prejudice – a strong and complete victory for MCB in a complex, high-stakes case.