Summary Judgment Dismissal

Congratulations to HPM&B Partner Rachel S. Bloom on obtaining summary judgment dismissal of a medical malpractice action in Supreme Court, Nassau County, on behalf of a board-certified gastroenterologist, gastroenterology practice, and a major metropolitan health system. Plaintiff claimed the defendants improperly recommended and administered a biologic medication to treat his Crohn’s Disease, resulting in the development of psoriasis and psoriatic arthritis. Plaintiff also alleged a failure to obtain informed consent, and his wife brought claims for loss of services. Defendants submitted an expert affidavit from a board-certified gastroenterologist specializing in inflammatory bowel disease (IBD), who opined that the defendants appropriately recommended and administered the biologic medication and appropriately disclosed the risks and benefits of treatment. Further, this expert opined that all individuals with IBD have a significantly increased risk for developing psoriasis and psoriatic arthritis regardless of treatment, and there is no known association between the medication administered and plaintiff’s claimed injuries that have been known to the medical community. Defendants also submitted an expert affirmation from a board-certified dermatologist who opined that the treatment rendered by the defendants was within the standard of care, and that the medication administered did not proximately cause the onset of plaintiff’s psoriasis or psoriatic arthritis. In opposition, plaintiffs submitted affirmations from experts in rheumatology and in gastroenterology, but the Court held that plaintiffs failed to raise a genuine issue of fact. Accordingly, the case was dismissed in its entirety.