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MCB Successfully Blocks Plaintiff’s Motion for Summary Judgment

February 11, 2020

 

Partner Gregory J. Radomisli and Associates Emma B. Glazer and Yusuf Sattar successfully blocked plaintiff’s motion for partial summary judgment in Kings County.

In this case, it was alleged that the defendant physician misdiagnosed the plaintiff as suffering from ADHD, and that he therefore improperly prescribed a the Schedule II drug Methylphenidate, a/k/a Ritalin.  Plaintiff also alleged that the physician prescribed Ritalin in excessive doses, causing the plaintiff to become addicted.  Plaintiff claims that he lost his job and his marriage, and incurred physical injuries, as a result of his addiction.

 

Plaintiff’s counsel moved for partial summary judgment, arguing that the Court should find that the defendant physician was negligent per se because he violated Section 3332 of the New York Public Health Law, which allegedly imposed a duty upon him not to write a new prescription if the patient had more than a 23-day supply of medication remaining from the prior prescription .  MCB argued, among other things, that Section 3332 of the Public Health Law did not create a private right of action and, as such, plaintiff could not bring a negligence per se claim based upon the alleged violation of the statute.  The Court agreed with our arguments and denied plaintiff counsel’s motion for partial summary judgment.

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