Summary Judgment Discontinuance


HPM&B Partners Karen Grottalio, Laura Del Vecchio, and Alexandra Lopes, recently obtained a discontinuance after moving for summary judgment on behalf of a major tristate area hospital system in a case in which Plaintiff alleged Defendants failed to diagnose the decedent’s ischemic stroke. In its moving papers, HPM&B established that while a stroke was not seen on CT-scan or MRI, the Plaintiff’s Decedent was nonetheless treated as if he had a TIA or stroke over the course of 36-hours while continuing to work him up for other etiologies. Moreover, HPM&B established that the treatment rendered did not cause or contribute to the patient’s unfortunate ultimate outcome after he was transferred to another facility for further work-up and treatment. In response to the defendant’s motion for summary judgment, Plaintiff agreed to voluntarily discontinue the action with prejudice against HPM&B’s client.