Summary Judgment Dismissal

Partner Patricia Thornton and Of Counsel Jason Barrer recently secured a summary judgment dismissal in a high-stakes medical malpractice case on behalf of our gastroenterologist client. Plaintiff alleged a failure to timely diagnose colon cancer, and HPM&B demonstrated that our client had, in fact, timely performed the subject colonoscopy. The procedure could not be completed due to inadequate bowel prep, which is a known risk, and when a follow-up appointment was scheduled, the plaintiff failed to show. Plaintiff’s counsel opted not to oppose our motion and instead attempted to withdraw as counsel to allow additional time for new counsel to file opposition papers. We argued that this tactic would cause extreme prejudice to our client, and the Court agreed. Our motion was granted in its entirety.