Irv Hirsch (Partner-New York) and Jordan Conger (Associate-New York) were granted summary judgment in a medical malpractice action against client hospital. The plaintiff’s decedent, a then 73-year-old female, presented with an unstageable sacral ulcer, previously treated at a nursing home and a community hospital. The plaintiff alleged that our client failed to implement a plan of care to prevent the worsening or the development of further pressure ulcers during the patient’s multiple admissions over the course of one year, which resulted in the patient developing necrotic wounds, infections and death. At the time of admission, the decedent had a significant medical history, including metastatic breast cancer, malnutrition and failure to thrive on tube feeding, end-stage renal failure, hypertension, diabetes, hypothyroidism, coronary artery disease, anemia, bilateral below-the-knee amputations, bipolar disorder and dementia. Prior to our moving for summary judgment, plaintiff’s counsel offered to settle the case for nuisance value. In support of their motion for summary judgment, Irv and Jordan included an affirmation from an expert geriatrician, who opined that (1) the patient had a Stage IV pressure ulcer before she arrived at the hospital, which provided timely interventions and (2) the patient’s significant comorbidities and failing health made wound healing impossible and further wound development unavoidable. The plaintiff’s counsel did not oppose our motion, and the case was dismissed with prejudice.