Senior Trial Partner Rosaleen T. McCrory, Partner Maureen P. Blazowski, and Associates Victor M. Ivanoff and Joseph P. Ennis obtained Summary Judgment in Kings County. This medical malpractice action was brought by a then 50-year-old non-smoker, wherein it was alleged that the defendants failed to timely diagnose non-small cell lung cancer, purportedly resulting in unfettered progression of the plaintiff’s lung cancer to Stage IV with distant metastases.
At the completion of discovery, defendant's moved for summary judgment, arguing that all care and treatment comported with the standard of care, which did not require plaintiff's referral for screening low-dose CT scan based upon her history as plaintiff alleged. Plaintiff's counsel moved to be relieved as attorneys of record following the service of defendants' summary judgment motion. The Court granted that application, while defendants' motion remained pending. Pro Se plaintiff failed to appear for subsequent court conferences pursuant to Court Order, resulting in defendants' summary judgment motion being submitted unopposed. The Court then granted defendants' motion.