Summary Judgment Obtained In Dutchess County
HPM&B recently obtained summary judgment on behalf of a major academic center where plaintiff claimed the hospital failed to prevent the development of a sacral pressure ulcer that eventually became infected causing the patient’s death.
The patient had been admitted to the hospital by his private attending vascular surgeon to undergo an endovascular surgery to repair a pre-existing abdominal aortic aneurysm and iliac aneurysm. The patient then underwent lengthy vascular surgery following which he developed a sacral pressure ulcer. The patient then was discharged from the hospital to a nursing home after which he was readmitted to another hospital with sepsis secondary to a stage IV sacral pressure ulcer.
Plaintiff alleged that the hospital negligently positioned the patient during the surgical procedure and that they failed to treat the sacral pressure ulcer post-surgery.
In support of the motion, HPM&B submitted Affirmations from a vascular surgery expert, and a wound care expert, who opined that there were no deviations from the standard of care. Moreover, HPM&B submitted an Affidavit from the patient’s treating vascular surgeon who was not sued in which the vascular surgeon opined that he made all the decisions regarding positioning of the patient during the complex vascular surgery. Judge Brands, of the Supreme Court, Dutchess County, granted the motion for summary judgment.
HPM&B Partner Vincent L. Gallo, Jr., and Associate Jonathan Waldauer represented the hospital.