Summary Judgment Win in Bronx County
Congratulations to Joseph Bias and Colleen Buckley on their recent summary judgment win in Bronx County!
In this high exposure case, plaintiffs demanded $18 million for claims surrounding an alleged failure to timely perform a caesarean section, as a result of which infant plaintiff suffered brain damage and global deficits secondary to hypoxic ischemic encephalopathy.
One of the key facts in the case was that the maternal plaintiff presented to the hospital's labor and delivery department for a scheduled induction of labor under the care of her private attending OB/GYN.
Joe and Colleen argued that the maternal plaintiff's private attending physician was responsible for the management and all decisions relating to labor and delivery, and therefore, the hospital and their residents could not be held liable for merely carrying out orders by their attending physician. Moreover, they argued that the attending's orders were not so clearly contraindicated that the resident physicians should have intervened or questioned them.
In opposition, plaintiffs claimed that the resident physicians failed to recommend caesarean section following signs of fetal distress. In making this claim, plaintiffs argued that there was a breakdown of communication between the residents and their attending.
Following an efficacious reply, the court agreed with Joe's and Colleen's arguments, granting summary judgment on both liability and causation, resulting in a dismissal of all claims against their client hospital and residents.
