02.27.2020

Nicole Heckman Obtains Order of Summary Judgment For Defendant Hospital

In February 2020 Nicole Heckman obtained an Order of Summary Judgment from J. Steinhart in Kings County on behalf of our defendant Hospital.  The infant plaintiff was sadly born with a congenital heart syndrome, but after complex surgery was doing well and was ready for discharge until she suddenly, and without warning, decompensated and passed. The defense experts in Pediatric Cardiology and Pediatric Critical Care opined that all treatment was within standard of care, and there was nothing further that could have been done. J. Steinhart dismissed the opinion of plaintiff’s expert in Cardiology as “vague and conclusory”, without support of his opinion that the outcome would have been different if the child was continuously monitored.  In granting the motion, J. Steinhart concluded:  “the Defendant did nothing to contribute to, nor cause the unfortunate outcome of this case, but, rather, treated Infant-Plaintiff, within acceptable medical standards."

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