Brian DiPentima and Jeffrey Nichols prevailed on a motion for summary judgment on behalf of a plastic surgeon in Queens County Supreme Court, dismissing the Complaint in its entirety. Plaintiffs’ counsel alleged that our client, a plastic surgeon, negligently performed a sartorius muscle flap closure following vascular surgery to address an ongoing wound near the patient’s femoral artery bypass graft. Plaintiffs’ counsel alleged that the flap procedure was contraindicated and concealed the worsening of the underlying infected bypass graft. As a result, plaintiffs’ counsel alleged that the infection worsened and contributed to the subsequent need for an above the knee amputation.

The Court found that our papers sufficiently demonstrated entitlement to summary judgment, establishing that the procedure was indicated and appropriately performed. We further established that the muscle flap created remained intact and was not a substantial contributing factor to the development and worsening of the bypass graft infection. The Court further found that the allegations against our client were vague and conclusory and that plaintiffs’ expert failed to rebut the defendants’ arguments on both liability and causation, thereby dismissing all claims.