Justice Rakower Convinced Following Oral Argument That Standard of Care Was Met In Surgical Clearance

In a case in which the demand to settle was $650,000, the Healthcare Litigation team obtained an order of summary judgment in February 2019. The plaintiff alleged prior to placing a mediport, the defendants failed to ask probing questions to learn of a Vancomycin allergy, which caused negligent administration, anaphylactic reaction and death of the then 61-year-old. The defense successfully argued before Justice Rakower of New York County that there was no pre-surgical evidence of an allergy to Vancomycin, and the defendants had the right to rely on this competent plaintiff when she specifically denied an allergy to Vancomycin prior to administration.