Complete Dismissal Secured in Complex Lung Cancer Case

HPMB Attorneys Gabrielle DeYoung, Joseph Randazzo, and Christina Reinle recently secured complete dismissal on summary judgment in Queens County Supreme Court in a complex lung cancer case.      

Our team successfully established prima facie entitlement to summary judgment, establishing that plaintiffs’ clinical presentation did not require an earlier CT scan. It was further established that any delay did not proximately cause any injury. While plaintiff offered contrary expert opinions, the Court agreed that our client’s treatment met the applicable standard of care and that plaintiff’s expert failed to establish when the cancer developed and whether any delay proximately caused any alleged injury. Notably, plaintiff attempted to raise new claims for the first time in opposition to summary judgment, which we argued were not permissible. In its decision, the Court specifically noted that the plaintiff’s expert’s opinions, partially founded upon those new theories, could be given no weight because they were not pleaded previously. As such, our clients were awarded summary judgment, and all claims were dismissed.