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Senior Trial Partner Laurie A. Annunziato, Partner Nicole S. Barresi and Senior Associate Casey M. Hughes successfully secured partial Summary Judgment in a case involving a left ductal excision performed by MCB’s client doctor from a well-known New York Hospital on January 13, 2017. The plaintiff initially claimed that MCB’s client doctor’s electrocautery technique caused a third-degree burn to her left nipple and left breast infection, requiring subsequent treatment including multiple debridements and resulting in a retracted and scarred left nipple, an open wound cavity, and pain and suffering. At the conclusion of discovery, MCB filed a motion for Summary Judgment.
MCB argued that there was no evidence that plaintiff ever suffered a burn as a result of the treatment at issue but rather that plaintiff had cystic duct ectasia and delayed wound healing due to her comorbidities and smoking history. In opposition, the plaintiff’s expert conceded that it was unclear if plaintiff ever suffered a burn. Instead, plaintiff’s expert changed the theory of negligence to opine that plaintiff suffered compromised blood flow to the nipple areolar area by using a thin flap. The Court granted summary judgment as to the institutional defendants from a well-known New York medical& surgical breast and oncology center and hospital and dismissed plaintiff’s causes of action for lack of informed consent and negligent hiring. While the Court found that the plaintiff’s expert created an issue of fact as to whether a thin flap was appropriate, we filed a strong appeal seeking a full dismissal. While the appeal was pending, we were able to resolve the case for less than 25% of the demand.