Fullerton Beck Partner Alison O’Dwyer prevailed in a medical malpractice case venued in the Supreme Court, New York County involving multiple defendants including Fullerton Beck’s client, an IV infusion company. The plaintiff, a woman in her late 60s who had an infection that was not responding to oral antibiotics was prescribed intravenous antibiotics, which Fullerton Beck’s client was hired to administer. The plaintiff allegedly developed elevated blood levels of the antibiotics resulting in toxicity with significant injuries such as hearing loss, vision problems, neurological injuries, and fractures, among other things, which prohibited her from earning a living as an artist. As a result, the plaintiff claimed negligent administration and management of the IV antibiotics.
Alison filed a motion for summary judgement, arguing absence of any material issue of fact, outlining and explaining that the nurse had limited involvement with the plaintiff. Given the compelling arguments that Alison made in the motion papers and during oral argument about the client’s limited interaction with the plaintiff and the absence of any causal relationship to the alleged injuries, the trial judge agreed that our client was entitled to summary judgment and the case was dismissed. The litigation continues against the remaining defendant doctors and hospitals. This is an example of Fullerton Beck’s aggressive defense and ability to advocate dismissals on behalf of our clients at the earliest opportunity possible to help mitigate legal costs, premium increases and the stress of litigation.