Case Dismissal

HPM&B recently obtained a complete case dismissal with prejudice in the United States District Court for the Southern District of New York. 

HPM&B successfully defended a major teaching hospital in Westchester County and two of its individual attending physicians in a complex civil rights, general negligence, and medical malpractice action involving a patient who was emergently transferred from a local correctional facility to the hospital following an incident that resulted in hypoxic-ischemic brain damage. The patient ultimately passed away shortly after admission. 

The complaint contained numerous causes of action including alleged negligent medical and psychiatric care, deliberate indifference under 42 U.S.C. § 1983, wrongful death, and a claim that the decedent’s organs were improperly harvested. HPM&B filed a pre-Answer motion to dismiss the complaint pursuant to Rule 12(b)(6) arguing that certain claims were time-barred and that the remaining causes of action failed to meet the heightened federal pleading standards. 

HPM&B argued that the negligence claim, in particular, did not specify the requisite duty of care owed, the breach of that duty, or how any alleged breach caused an injury to the patient. Similarly, we argued that the claims for negligent infliction of emotional distress, wrongful death, and conscious pain and suffering were insufficiently pled and lacked the necessary factual support. 

Finally, HPM&B established in its papers that the claim for loss of familial association was not recognized under New York law, and therefore, must be dismissed. Plaintiff ultimately declined to oppose HPM&B’s entire motion. Our team promptly filed a reply brief highlighting plaintiff’s non-opposition as an independent basis for dismissal and requested in a letter-motion that the Court issue a decision without delay. 

Within days, the Court granted defendants’ motion and dismissed all claims against our clients with prejudice.