Senior Trial Partner Michael Sonkin, Partner Elizabeth Sandonato, and Associate Casey Hughes obtained Summary Judgment in a case involving facial plastic surgery. Plaintiff alleges the defendant, our client doctor, improperly performed an insertion implant, repair, reconstruction, and re-section of the plaintiff’s right malar, improperly placed hardware in the right cheek, improperly allowed a drill bit to fall onto the floor of the right orbit, utilized an improper surgical technique, improperly fixated metal plate to the bone, placed an inadequate number of screws during surgery and did not fixate plates to the bone, and failed to identify a misplaced drill bit operatively. The claimed injuries include: post-traumatic facial injury; deformity of right face including eyelid ectropion; drill bit left along the right orbit; severe pain and suffering; jaw pain; inability to chew food; loss of vision; blurriness; and loss of equilibrium.
MCB moved for summary judgment, contending the care and treatment was proper, the drill bit was discovered by our client doctor during the second surgery he performed on the plaintiff, that he did not use a drill bit when he did his first surgery, and that the plaintiff's injuries were pre-existing, difficult to heal/resolve/eradicate, and that consent was properly obtained for all surgeries. One of the co-defendant surgeons and their respective hospital also moved. Plaintiff technically opposed, but the opposition did not oppose our motion. The Reply highlighted this point. Following two oral arguments, the Court issued a decision and order, granting our motion and dismissing the complaint in its entirety.