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Summary Judgment Granted in Case Involving Alleged Failure to Diagnose Rare Coronary Condition

July 15, 2020

Senior Partner John Barbera and Partner Michael Bastone secured dismissal of all claims against a individually named radiologist in an action pending in Supreme Court, Rockland County. The matter involved a 77-year old women who presented to the Emergency Room with complaints of pain following a fall. She was evaluated by the Emergency Room attending physician, and a series of radiological images were taken and interpreted by the defendant. Plaintiff returned to the Hospital days later with a rare coronary condition, Takotsubo Cardiomyopathy. Plaintiff alleged that evidence of Takotsubo Cardiomyopathy was missed during the earlier presentation by the radiologist and other treating providers. Defendants moved for summary judgment with support of a radiology expert who opined that all the radiological images were properly interpreted and the relevant findings were communicated to the treating physicians. The expert opined that Takotsubo Cardiomyopathy, an acute onset condition with specific features evident during catheterization, was not present in the images taken during the initial presentation. Plaintiff was unable to obtain expert support to counter these opinions, and the motion was submitted without opposition. Plaintiff later agreed to voluntarily discontinue the action with prejudice.

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