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October 2019: Motion for Summary Judgment in Pressure Ulcer Case – Kings County

October 15, 2019

MCB Partner Aryeh S. Klonsky and Associate Geoffrey Bleau successfully moved for summary judgment on behalf of a New York hospital dismissing the case of a 58-year-old male who developed a Stage IV decubitus pressure ulcer during his admission. The plaintiff was admitted without pressure ulcers, but with a significant medical history, including chest pain, syncope, coronary artery disease, congestive heart failure, ischemic cardiomyopathy, acute coronary syndrome, diabetes, electrolyte abnormalities, albumin levels below 3.0 g/dl and years of alcohol abuse (one bottle of liquor a day for many years). Our motion successfully argued that the hospital was not negligent and that the pressure ulcers were unavoidable due to the plaintiff’s poor nutrition and due to the patient’s required positioning during intubation. In response to our motion for summary judgment, plaintiff’s counsel sought and received court permission to be relieved as counsel. The plaintiff did not obtain new counsel, and ultimately, Kings County Supreme Court Justice Bernard Graham granted our motion for summary judgment dismissing the case in its entirety.

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