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Plaintiff Discontinues Emergency Room Physician following Summary Judgment Motion in Case Involving Failure to Provide tPA

July 16, 2020

Senior Partner John J. Barbera, Partner, Jayne L. Brayer, and Associate, Christopher J. Daniel's motion for summary judgment was granted in a Westchester County Supreme Court Action. The matter involved an 86-year old women who presented to the Emergency Room with stroke-like symptoms. Prior to the decedent’s arrival, the Emergency Room attending physician initiated the stroke code.” Upon arrival, the decedent was evaluated by the Emergency Room attending physician and stabilized. The decedent was ultimately found not to be a candidate for tPA or stroke intervention by the neurology physicians. Ultimately, the decedent was admitted to the hospital for a month and a half then transferred to a rehabilitation facility and passed away a month later. Earlier in the litigation, Plaintiff’s Counsel settled and discontinued all other defendants from the action, thereby proceeding solely against MCB’s client, the Emergency Room physician. Defendant moved for summary judgment with support of an emergency medicine expert who opined that the Emergency Room physician conformed to the standard of care by initiating the stroke code prior to the decedent’s arrival and stabilized the decedent so that the decedent’s neurological symptoms could be evaluated by the neurology team. Plaintiff was unable to obtain expert support to counter these opinions and Plaintiff agreed to voluntarily discontinue the action with prejudice.

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