Fullerton Beck Secures Summary Judgment Motion Dismissing Medical Malpractice Action in Bronx County
Fullerton Beck partner Jaymie Einhorn prevailed in a complex medical malpractice case with the court granting the firm’s summary judgment motion to dismiss on behalf of a major New York hospital system.
The plaintiff, a 41-year-old woman with a history of prior bowel obstruction and resection, alleged negligence in connection with surgery performed to repair a new small bowel obstruction. She claimed that an enterotomy during a procedure converted from laparoscopy to open laparotomy caused fecal spillage, infection, wound dehiscence, bowel herniation, and the need for subsequent surgery and abscess drainage. Additional claims included inadequate antibiotics, improper postoperative care, lack of informed consent, and negligent hiring.
Supported by a board-certified general surgeon, Jaymie demonstrated that the abdomen was properly irrigated, primary closure was appropriate, and later repair with Strattice mesh met accepted standards. The record showed no indication of infection requiring reopening of the wound, timely recognition and treatment of the dehiscence, and appropriate discharge. The expert also explained that the plaintiff’s history increased her risk for complications and impaired wound healing.
The court granted summary judgment, finding that plaintiff’s expert failed to raise a triable issue of fact and offered only conclusory and speculative opinions based on hindsight. The court also dismissed the informed consent and negligent hiring claims.
This outcome reflects the firm’s focused, aggressive defense led by Jaymie, who identified key weaknesses in the plaintiff’s allegations and expert opinions. Through meticulous review of thousands of pages of medical records and close collaboration with the firm’s board -certified expert, the defense team challenged the plaintiff’s claims. From the outset, the case was developed with the expectation that it could go to trial — preparation that allowed the defense to press the vulnerabilities in the plaintiff’s theory and ultimately positioned the matter for a favorable outcome.