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November 2018: Summary Judgment in Neurological Complaints Case

November 15, 2018

Senior Trial Partner Tom Mobilia, Partner Yuko Nakahara and Associate Jason Kaufman obtained summary judgment in Supreme Court, Queens County. The case involved a 45-year-old married woman who presented to the hospital with transient neurological
complaints. Plaintiff alleged that our client Hospital and emergency department physician failed to administer “clot busting” tPA to treat a stroke resulting in severe, permanent, neurological deficits. Although the patient did present to the emergency department with neurological deficits, they were transient in nature and thus we argued that tPA was not indicated. Further, we argued that our clients appropriately deferred to the codefendant neurology consultants. In opposing our motion, the plaintiff improperly relied upon a new theory of liability not claimed in the Bill of Particulars. In Reply, we emphasized that plaintiff could not raise new theories of liability in opposition
to a summary judgment motion. Justice Peter O’Donoghue agreed with our position and dismissed the case.

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