Summary Judgment awarded on behalf of Ambulance Company

HPM&B recently obtained Summary Judgment on behalf of an Ambulance Company where plaintiff alleged that the infant-plaintiff suffered catastrophic brain damage as the result of the negligence of a paramedic employed by the Ambulance Company.

The infant-plaintiff was born in an upstate New York Hospital.  Due to the condition of the child at delivery, a decision was made to transport the child to a tertiary care facility for further management.  Diagnostic imaging studies performed at the tertiary care facility revealed the presence of catastrophic brain damage from hypoxia.  As a result of the alleged negligence, the child requires 24 hours a day care.

In support of the motion to dismiss, HPM&B argued that the Ambulance Company did not deviate from the standard of care.  In addition to submitting an expert affidavit from a paramedic, expert affidavits were submitted from a Pediatric Neuroradiologist and a Neonatologist both of whom opined that the child’s brain damage was the result of a catastrophic hypoxic event which occurred days before the delivery, and which predated the transfer of the child to a tertiary care facility.  Judge Giacomo of the Supreme Court, Westchester County, granted the motion for Summary Judgment.

HPM&B Partner, Vincent L. Gallo, Jr., represented the Ambulance Company.