Case Dismissal


Congratulations to Partner Rachel S. Bloom and Associate Graham Musynske on obtaining dismissal of all claims against a major metropolitan hospital in a case venued in Suffolk County, New York.  The case involved a bilateral breast reduction surgery performed by plaintiff’s private plastic surgeon. Plaintiff alleged the hospital negligently performed surgery and failed to use sterile equipment in the operating room, resulting in an E.coli infection and disfigured beasts. Ms. Bloom and Mr. Musynske moved for summary judgment dismissal, and their motion was supported by expert affirmations from a plastic surgeon and infectious diseases specialist.  The experts opined that the hospital cannot be held vicariously liable for the treatment rendered by the patient’s private surgeon and they also opined that there is no evidence of a hospital-acquired infection or a failure to utilize properly sterilized surgical instruments. After a lengthy extension of time to serve opposition papers, plaintiff’s counsel agreed to discontinue all claims against the hospital with prejudice.