Causation Argument Successful In Obtaining Order of Summary Judgment In Case With Demand of $9.5 Million
In January 2019 Joseph Alexander obtained an order of summary judgment in Kings County in a matter in which the demand for settlement was $9,500,000. Plaintiff claimed a failure to diagnose subacute bacterial endocarditis in a 58-year-old resulted in a cerebrovascular accident and significant residual deficits. The defense argued during their period of care the plaintiff did not evidence any signs which were consistent with endocarditis, and moreover, evidence pointed to a post-discharge epidural injection as the causative factor, as the pathogen was a skin-based bacteria. The plaintiff subsequently developed spinal osteomyelitis from that same bacteria at the site of the injection. In a 26-page decision, Justice Weston agreed with the defense, and specifically commented plaintiff’s expert failed to refute the defendant’s arguments of insufficiency of causation.