VBPNP Secures Summary Judgment Win on Behalf of Surgeon and Hospital

On September 16, 2019, Mamie Stathatos-Fulgieri and Megan Lawless secured summary judgment in favor of a surgeon and hospital in the Supreme Court, Queens County.  The plaintiff claimed that these defendants committed malpractice by negligently performing surgery to retrieve a retained portion of the plaintiff’s intrauterine device (IUD), resulting in additional surgeries, the exacerbation of plaintiff’s pelvic pain and endometriosis, and contributing to plaintiff’s impaired fertility.  In support of their motion for summary judgment, the defendants presented evidence that they fully informed plaintiff of the risks of the surgery and that surgery may not be successful in removing the IUD piece or relieving plaintiff’s pelvic pain.  The defendants also presented expert testimony that plaintiff’s alleged injuries were not due to any act or omission on the part of the defendants, but rather were caused by plaintiff’s past medical history, including her adenomyosis and history of venereal disease, both of which are known to cause pelvic pain and impaired fertility.

Ultimately, despite repeated requests for extensions to oppose defendants’ motion, the plaintiff did not submit opposition papers and the Hon. Peter J. O’Donoghue granted summary judgment and dismissed the case.  The court’s dismissal forestalled the need for our clients to continue with costly litigation and a protracted trial on the merits.