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Senior Trial Partner Thomas A. Mobilia, Partner Richard Wolf and Senior Associate Stephen C. Lanzone successfully obtained summary judgment in a case involving allegations of a failure to diagnose appendicitis in a then 12-year-old female, who presented to MCB’s client Emergency Department with upper abdominal pain, nausea, and vomiting. After two physical examinations by the attending ED physician and the administration of Pepcid and Maalox, her symptoms resolved. She was discharged with a diagnosis of gastritis and advised to return if symptoms recurred. The next evening, the infant-plaintiff visited a co-defendant hospital ED, where appendicitis was ruled out via physical examination and ultrasound. Two days later, she was diagnosed with acute appendicitis at a non-party hospital.
MCB moved for summary judgment on behalf of the attending ED physician, two ED nurses, and the Hospital, supported by a pediatric emergency medicine expert affirmation. The expert opined that the infant-plaintiff’s symptoms were typical of a benign GI issue, not appendicitis, and the resolution of symptoms post-medication administration supported her discharge.
Plaintiff opposed with an expert affirmation, citing deposition testimony from the mother and infant-plaintiff, which claimed she presented with different symptoms than those documented in the ED record. Plaintiff’s expert opined that appendicitis lacks a classic presentation in many cases, and that the defendants in this matter failed to rule-out the diagnosis.
The Court granted MCB’s motion in full, finding that that the care rendered reflected reasonable medical judgment, and that plaintiff failed to raise a triable issue of fact.