Plaintiff Capitulates After Defendants Make Summary Judgment Motion

Plaintiff Capitulates After Defendants Make Summary Judgment Motion

Senior Trial Partner Kenneth Larywon, Partner Gregory Radomisli and Associate Kristen Griffin served a Summary Judgment motion in Bronx County. The plaintiff was treating with our clients as her primary care providers. On November 3, 2016, she presented to co-defendant hospital, with complaints of on and off chest pain and shortness of breath.  A cardiac workup was completed with negative results and she was discharged home with instructions to follow up with her primary care providers. At her follow up visit with our client doctor, plaintiff did not present with any cardiac complaints or chest pain. Further, she had recently treated with her cardiologist, and her cardiac testing was negative. About two weeks later, she presented to the hospital complaining of new symptoms, and while in the hospital, she suffered a ventricular tachycardia arrest and a cardiac arrest.

Before he was even deposed, plaintiff agreed to discontinue our client doctor from the matter. Subsequently, we moved for Summary Judgment on behalf of our remaining clients. Upon review of our motion for summary judgment with their expert, plaintiff informed us that they are discontinuing the matter as to all of our clients. A stipulation of discontinuance was executed regarding same, and was subsequently so ordered by Judge Gerez of Bronx County Supreme Court.