Ashley Humphries (Of Counsel-New York) and Michael Stevens (Senior Counsel-New York) obtained summary judgment in New York State Supreme Court, Kings County, in a case alleging malpractice against our client physician for failing to timely diagnose and treat eggs of parasitic flat worms (schistosomiasis) incidentally discovered on pathology following surgery for cancer of the liver. Plaintiff was successfully treated with the gold standard medication for schistosomiasis, and a month later became acutely ill with an unrelated infection and died. In anticipation of a motion for summary judgment, Michael served an extensive notice to admit seven months before the motion. In opposition to Ashley and Michael’s board-certified infectious diseases expert and affidavits from the defendant physicians that the decedent’s condition was timely and properly treated within the standard of care – and that it did not cause or contribute to the plaintiff’s death – the plaintiff used an expert affidavit from a physical medicine and rehabilitation expert who “borrowed” all of his information directly from Wikipedia, and asserted that the physicians failed to adequately diagnose or treat the decedent’s Schistosomiasis. Prior to issuing a written decision, the judge retired, and the case was reassigned more than a year later. Ashley again argued the motion and plaintiff’s counsel attempted to change her theory for a third time. The court granted our motion for summary judgment and held that plaintiff’s expert’s allegations were insufficient to raise a triable issue of fact, and that new theories of liability could not be asserted for the first time in opposition to summary judgment.