Seema Palmerson, John W. Barker and Gemma Kenny Secure Summary Judgment

On July 11, 2022, Seema Palmerson, John W. Barker, and Gemma Kenney secured summary judgment in favor of their hospital client in Supreme Court, New York County.  Plaintiff alleged dental malpractice regarding the care and treatment surrounding the plaintiff’s ORIF of a right parasymphysis and closed reduction of a left subcondylar fracture by co-defendant practitioner and the hospital client.  The VBPNP team argued that there were no viable claims against the hospital.  The VBPNP team established that defendants did not deviate from accepted practice, that their actions or inactions were not a proximate cause of plaintiff’s alleged injuries, and that plaintiff’s lack of informed consent claim failed, in part, because plaintiff’s expert failed to state that a reasonably prudent person would not have undergone the procedure.

The Court agreed finding that the record was devoid of any evidence to substantiate plaintiff’s theories of liability.  As a result, Justice Erika Edwards concluded that the hospital client was entitled to dismissal of all claims.