Allison Graffeo (Partner-New York, NY) succeeded on an unopposed summary judgment motion in the Supreme Court, Bronx County for Wilson Elser’s psychiatrist client. In this medical malpractice matter, the plaintiff sued on behalf of the decedent, the wife of a Brooklyn clergyman and former attorney. The decedent, who was recovering from surgery at a nursing rehab facility, developed sepsis and suffered a stroke. The plaintiff sued the nursing facility and various physicians, including our client, claiming the psychiatrist negligently recommended medication that caused or contributed to the decedent’s susceptibility to infection and/or masked her symptoms.

At the close of discovery, all parties moved for summary judgment, and the plaintiff’s counsel advised that he would be opposing all motions. Wilson Elser’s motion, which was supported by experts in psychiatry and infectious disease medicine, established a prima facie entitlement to summary judgment on both departure and causation grounds. The plaintiff’s counsel was ultimately unable to secure expert support in opposition, and the court granted Allison’s motion on behalf of our psychiatrist client. Several codefendants remain in the case.