Medical Malpractice Claims Dismissed: Victory for Michele McEnroe

Michele McEnroe successfully moved to dismiss all of the plaintiff’s medical malpractice claims as time-barred in a case involving allegations of failure to timely diagnose brain cancer. Michele demonstrated that each of the decedent’s interactions with the defendants occurred well beyond the statute of limitations, even considering the Covid-tolling. She also argued that Laverne’s Law (CPLR 214-a) did not apply to extend the statute of limitations, noting that none of the subsequent medical records actually confirmed a diagnosis of cancer. Additionally, the plaintiff, who is the decedent’s son, asserted a claim for negligent infliction of emotional distress stemming from the news of his mother’s diagnosis. Michele argued that this is not a cognizable claim in New York, and the Court agreed. The Court granted the motion in its entirety, dismissing all medical malpractice claims and the claim for emotional distress, thereby eliminating all claims that could support an award of damages for pain and suffering.