Summary Judgment in OB/GYN Case

 Summary Judgment in OB/GYN Case

Senior Trial Partner Yuko Nakahara and Partner Gregory Cascino obtained summary judgment in an OB/GYN case. In this action, plaintiff claimed that defendants' prenatal care was rendered negligently, such that it caused the fetus' demise. While there was an issue of fact as to liability due to a "he said, she said" dispute between the parties, defendants moved for summary judgment on causation - as there was no evidence that the alleged negligence was a proximate cause of, or a substantial contributing factor in, the fetal demise. The Court granted summary judgment and dismissed the case in its entirety, holding that there was no causal connection between the alleged negligence and the claimed injuries. The Court further held that plaintiff's attempts to assert a new theory of liability, for the first time, in opposition to defendants' motion for summary judgment was inappropriate.  Further, plaintiff's expert opinions were found to be conclusory and failed to address/refute defendants' expert’s findings.