Christian McCarthy and Dylan Braverman Secure Summary Judgment

Christian McCarthy and Dylan Braverman obtained summary judgment dismissing all claims in a case involving allegations of a retained bone fragment or free-floating exostosis allegedly incurred as a result of tenosynovectomy surgery and requiring surgical removal. However, we argued that there was no evidence that the bone fragment was secondary to the surgery, and subsequent imaging studies over more than six months demonstrated no evidence of a bone fragment or free-floating exostosis. Rather, we argued that plaintiff’s bone fragment was the result of chronic ankle arthritis, which, due to longstanding bone-on-bone friction, was to be expected and was a known complication of her arthritic condition. The Court ultimately agreed with our position, dismissing all claims against the various defendants in the matter.