Medical Malpractice Suit Against Anesthesiologist Dismissed on Appeal
Administrations of an anesthetic were uneventful and successful in sedating the plaintiff and did not cause pain syndrome, the appeals panel ruled.
October 04, 2017 at 06:32 PM
3 minute read
A state appeals court has ruled that a medical malpractice action claiming an anesthesiologist's administering of a sedative led to a woman developing pain syndrome should be dismissed based on strong defense expert evidence juxtaposed with “conclusory assertions” from the plaintiff's experts.
A unanimous Appellate Division, First Department, panel has thrown out plaintiff Diane Rivera's malpractice suit. Rivera alleged she developed complex regional pain syndrome during podiatric surgery due to one anesthesiologist's administration of sedation and a separate anesthesiologist and pain management specialist's subsequent treatment.
The panel's opinion reversed Bronx Supreme Court Justice Stanley Green's 2016 decision denying summary judgment to the defendants, which included New York Pain Care Center, Manhattan Medical Suite and at least two physicians: an anesthesiologist referred to in the decision as Aznavoorian and an anesthesiologist and pain management specialist referred to as Hosny.
The justices, in Rivera v. New York Pain Care Center, 310866/11, cited expert evidence—or lack thereof—on both sides of the case. They first credited the defendants for establishing “prima facie entitlement” to summary judgment using expert affirmations, deposition transcripts and medical records.
“These showed that the initial and subsequent administrations of propofol, an anesthetic administered intravenously, were uneventful and successful in sedating plaintiff, that there was no infiltration of propofol into the tissues surrounding the IV site on plaintiff's hand, that plaintiff had a venous reaction to the IV, that propofol could not have caused the alleged injury, and that the post-operative care rendered was appropriate,” Justices David Friedman, Sallie Manzanet-Daniels, Barbara Kapnick, Cynthia Kern and Anil Singh wrote.
By contrast, Rivera's experts offered “only conclusory assertions and speculation that there were departures from the standard of care,” the panel said.
For instance, they wrote, an expert “offered no opinion as to the amount of propofol that could have infiltrated [Rivera's] tissues and set forth no medical or scientific evidence to support the proposition that such an amount could have caused CRPS.” The panel added that “plaintiff's treating pain physician admitted that CRPS could have been caused 'from a needle stick absent the exposure to any chemical,' for which there are no known preventative measures.”
The defendants' counsel, Peter Taglia of Dwyer & Taglia in Manhattan, said on Wednesday that he thought the panel's decision was “an excellent analysis of a very complicated case, because there were many issues, and the court could have easily said let's just leave it for a jury, or go ahead with a Frye hearing.”
Rivera's counsel at the Law Office of David S. Klausner could not be reached for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGC Pleads Guilty to Embezzling $7.4 Million From 3 Banks
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250