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September 2019: Summary Judgment Motion: Maternal Fetal Medicine - Queens County

September 3, 2019

Senior Partner Anthony Sola, Partner Matthew Frank, and Associate Alyssa Rodriguez obtained a voluntary discontinuance in response to their summary judgment motion made in Queens County Supreme Court. Plaintiffs claimed that our maternal fetal medicine attendings, ob/gyn residents, and physician’s assistants delayed in delivering the baby for non-reassuring fetal monitoring and alleged placental infection. The mother’s prenatal, labor, and delivery care was managed by her private obstetrician, a co-defendant in the action. The baby was delivered preterm at 33 weeks and discharged from the NICU with no evidence of brain hemorrhage or hydrocephalus. 7 months later, seizure activity was observed and the baby was diagnosed with infantile spasms consistent with leukomalacia.  The motion argued that our clients appropriately followed the co-defendant’s directives and exercised no independent judgment in treating the plaintiffs. Rather than oppose the motion, plaintiffs’ counsel discontinued the action against our clients. The case will continue against the co-defendant.

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