HPMB Secures Appellate Victory Affirming Summary Judgment for Podiatrist

HPMB attorneys Greg Freedman, Laura S. Murphy, and Joseph Randazzo recently secured an appellate victory in the New York Appellate Division, Second Department, which affirmed summary judgment in favor of the firm’s client in a lawsuit alleging negligent podiatric treatment.

The plaintiff alleged that the firm’s client, a podiatrist, negligently administered multiple steroid injections over the course of several years, causing a complete tendon rupture in her ankle.

After the HPMB team successfully obtained summary judgment in the trial court, the plaintiff appealed. On appeal,we demonstrated that the plaintiff’s expert failed to adequately rebut the evidence establishing that the client’s treatment complied with the applicable standard of care and did not proximately cause the alleged injury.

The Second Department agreed, finding that the plaintiff’s expert failed to meaningfully address key issues raised by the defense. These included the pharmacological half-lives of the medications at issue, the relevant medical literature, and the lack of evidence connecting the treatment to the claimed tendon rupture.

The Second Department affirmed the trial court’s decision, upholding the dismissal of the claims against the firm’s client and bringing the matter to a successful conclusion