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July 2018: MCB Motion for Summary Judgment Victory

July 6, 2018

Senior Trial Partner Bruce G. Habian and Senior Associate Jeffrey Stupak’s Motion for Summary Judgment was granted dismissing the defendant Hospital from an action in Supreme Court, Albany County. Plaintiff alleged the failure to properly treat retinopathy of prematurity (ROP) resulted in bilateral blindness of a premature infant. The infant was initially followed by the co-defendant pediatric ophthalmologist who performed laser surgery to prevent retinal detachment. Following surgery, the infant was transferred to the defendant Hospital. Upon admission, bilateral retina detachments were diagnosed. Retinal reattachment surgery was performed 10 days after transfer, but the infant remained completely blind. The co-defendant argued that if surgery was performed within 48-72 hours of transfer, the infant’s vision may have been salvaged. We argued that upon transfer, the damage was already done and time was not of the essence. The Court granted the motion because the opposition did not establish an industry practice requiring surgery within 48-72 hours of retinal detachment and there was no evidence the defendants deviated from the appropriate standard of care.

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