HPM&B Team Secures Full Dismissal with Pre-Decision Voluntary Discontinuance

Congratulations to Joseph Shmulewitz, John McNaboe, and our team on obtaining a voluntary discontinuance and full dismissal of a medical malpractice action on March 31, 2026.

The case involved a 74-year-old patient who expired following complications related to a prior aortic dissection. Plaintiff alleged that a major metropolitan hospital failed to timely diagnose and treat a recurrent dissection, resulting in the patient’s death.

The defense established that the patient had undergone life-saving cardiothoracic surgery two weeks earlier, including placement of a graft, and that the subsequent presentation was not indicative of a recurrent dissection.

The summary judgment motion, prepared by Mr. Shmulewitz and supported by a detailed expert affirmation from a prominent cardiothoracic surgeon, demonstrated that there was no clinical basis to suspect a recurrence and that the patient’s symptoms were consistent with post-surgical pain rather than a new dissection.

After reviewing our papers, plaintiff declined to submit any opposition and instead voluntarily discontinued the action in advance of the return date.

Congratulations again to the team on this excellent result.