Joseph Alexander Starts 2020 Obtaining An Order for Summary Judgment

In January 2020, Joseph Alexander, with the assistance of Jessica George and intern Joseph Bias, obtained an order for Summary Judgment on behalf of our renowned ENT surgeon, residents and hospital defendants. Plaintiff argued that defendants were negligent in their performance of a maxillectomy with a flap graft to treat squamous cell oral carcinoma with inadequate post-operative monitoring, all of which resulted in flap failure.  The defense argued that plaintiff’s procedure was performed appropriately and that plaintiff was followed closely in the post-operative period with consistent flap monitoring, and that flap failure was caused by small vessel disease in the peripheral vessels, which cannot be surgically or medically treated. After a full and detailed examination of the facts and expert affirmations, Judge Capella of the Supreme Court Bronx County ruled that plaintiff’s expert failed to rebut the defense theory or explain how earlier intervention would have prevented the flap failure and granted the dispositive motion, dismissing the action in full.