Congratulations to Mia-Laine Martinez and Michael La Pinta on their summary judgment win
Congratulations to Mia-Laine Martinez and Michael La Pinta on their summary judgment victory. This case involved allegations of negligence against the then Chief of Foot & Ankle Surgery concerning his performance of a minimally invasive chevron & akin osteotomy (MICA) procedure resulting in the development of non-union. Through the supportive expert affirmation of an orthopedic foot & ankle surgeon, we established that the technical performance of the surgery was consistent with good practice and that the development of non-union was a known risk that in this case, occurred in the absence of negligence. In opposition, the plaintiff offered the expert affirmation of a podiatrist who did not perform the MICA procedure. A lengthy oral argument was held in which we contended that this expert was not qualified to opine as to a surgery he did not perform. After careful consideration, the Court held that plaintiff was unable to rebut our assertions and granted summary judgment dismissing the case in its entirety on behalf of our client.