Summary Judgment Obtained In Westchester County

HPM&B recently obtained summary judgment on behalf of an obstetrician/gynecologist and the hospital where plaintiff claimed that as a result of the negligence of the defendants, her daughter suffered brain damage.

The plaintiff-mother received her prenatal at a local Westchester County hospital. During her prenatal care, she underwent a number of sonograms, all of which were interpreted as negative. The plaintiff-mother then delivered a daughter at the hospital who was delivered by the co-defendant obstetrician. Months after the delivery, the child was diagnosed with a cytomegalovirus (“CMV”) infection, as well as an intrauterine stroke. Plaintiff further alleged that the failure to diagnose and treat this condition caused the child to develop significant developmental delays.

In support of the Motion to Dismiss, HPM&B submitted Affidavits from a maternal fetal medicine specialist, neonatologist, pediatric neurologist, and pediatric infectious disease specialist. In addition to arguing that there were no deviations from the standard of care, HPM&B also argued that there are no known treatments that can prevent the development of neurologic deficits in children with CMV. Judge DiBlasi of the Supreme Court, Westchester County, granted the Motion for Summary Judgment.

HPM&B partner Vincent L. Gallo represented the obstetrician/gynecologist and the hospital.