Summary Judgement Dismissal

Congratulations to Partners Gabrielle DeYoung and Rachel Bloom, and Associate Denise Graziano, on securing summary judgment on behalf of a major metropolitan hospital in Queens County Supreme Court. Plaintiffs claimed our client negligently lacerated the infant-plaintiff’s chest during or immediately after the infant’s delivery. With support from an expert in OB/GYN, we established that plaintiffs failed to set forth any viable claims against the hospital, and the hospital cannot be held vicariously liable for the claimed actions or inactions of the Attending OB/GYN. Further, we argued that none of the infant’s injuries were causally related to any actions on behalf of the hospital staff and all of the care and treatment rendered by our client fully conformed with the standard of care. Plaintiffs opposed the motion and cross-moved for summary judgment based on the doctrine of res ipsa loquitur. In opposition, we established that the doctrine of res ipsa loquitur is not applicable because plaintiffs cannot demonstrate the elements required for the application of this doctrine. The Court agreed with our arguments, granted our motion for summary judgment in its entirety, and denied plaintiffs’ cross-motion.