On August 9, 2016, Robert Boccio and Roseann Driscoll secured a dismissal of plaintiff’s case when their motion for summary judgment was granted in Queens County Supreme Court on behalf of a major health system’s hospital and attending. The 48-year-old plaintiff alleged that the defendants collectively failed to properly treat a right foot plantar lesion resulting in osteomyelitis, as well as multiple debridements and surgeries, including a partial amputation. In addition to addressing the appropriateness of the care provided on behalf of their clients, Mr. Boccio and Ms. Driscoll stressed the importance of the causation defense. While plaintiff claimed that a vascular surgery consult was indicated during the course of treatment, in its decision, the Court agreed that the plaintiff failed to raise a question of fact on how the alleged departure proximately caused plaintiff’s injuries.