Summary Judgment Dismissal Secured in Queens County Neurosurgery Case

Attorneys Adam Kaufman, Joseph Ferencik, and John McNaboe obtained summary judgment dismissal in a complex neurosurgery malpractice action in Queens County Supreme Court.

The plaintiff alleged that the defendants were negligent in their performance of a neurosurgical procedure and that such alleged departures resulted in injury.

In support of the motion, the defense established prima facie entitlement to summary judgment through detailed expert submissions and the underlying medical record. Notably, the intraoperative neuromonitoring records demonstrated no evidence of iatrogenic injury during the procedure at issue.

The Court agreed that the defendants met their burden and found that the plaintiff failed to raise a triable issue of fact in opposition. Accordingly, the Court granted summary judgment and dismissed all claims against the defendants.