PSD Wins Summary Judgment in Healthcare Case
On June 21,2017, PSD’s healthcare litigation partner Phillip Rakhunov won a rare summary judgment ruling despite a battle of experts, resulting in the dismissal of negligence claims against a New York physician and his urology practice group. Plaintiff had sought more than $2 million in damages, alleging that defendants were negligent in failing to address complaints of abnormal bleeding, which allegedly developed into a massive bleeding episode while plaintiff rode the subway later that evening. Mr. Rakhunov argued that the objective medical evidence, including reports from the first responders, proved as a matter of law that plaintiff’s version of the facts was medically impossible, that the defendants did not depart from the standard of care and that plaintiff’s bleeding episode could not have been proximately caused by the actions or inaction of PSD’s clients. The Honorable Ellen M. Spodek, a Justice of the Supreme Court for Kings County, ruled after oral argument, granting summary judgment in the defendants’ favor.