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Senior Trial Partner Jeff Lawton and Partner Fiachra P. Moody successfully obtained Summary Judgment in Queens County Supreme Court in an action involving a then 23-year-old plaintiff who alleged that multiple healthcare providers failed to timely diagnose and treat synovial sarcoma, a rare soft tissue cancer that typically arises near large joints, such as the knee, resulting in disease progression and the need for significant surgical intervention. The claimed treatment included a narthroscopic synovectomy and cyst excision, followed by radical resection ofthe knee joint with reconstruction and knee replacement.
The plaintiff further alleged a broad range of departures from accepted practice, including failures to properly interpret imaging studies, formulate an appropriate differential diagnosis, and timely identify the malignancy.
On behalf of MCB’s client, an orthopedic surgeon, we moved for Summary Judgment dismissing the claims against him. Supported by MCB’s expert orthopedist, we demonstrated that our client’s involvement was limited to a single consultation occurring months before the subject surgery. MCB further established that our client orthopedic surgeon did not participate in the diagnostic workup or treatment decisions underlying the plaintiff’s claims.
Through expert opinion, MCB showed that our client’s care comported with good and accepted medical practice and was not a proximate cause of the plaintiff’s alleged injuries. We also demonstrated that the lack of informed consent claim was inapplicable, as our client did not perform any invasive procedure.
The Court agreed, finding that the defense met its burden of demonstrating the absence of any departure from accepted standards of care and a lack of causation, and dismissed the claims against MCB’s client orthopedic surgeon.