White Plains, NY, of counsel Gregory Shapiro and partner Alan Friedberg obtained summary judgment in Westchester County Supreme Court on behalf of a doctor and the practice group in a negligence suit. The complaint alleged negligence on the part of the doctor in the performance of surgery at the co-defendant hospital, causing injury to the left brachial plexus in the then 26-year-old female plaintiff. Post-operatively, the patient was able to move herself from the operating room table to the stretcher and may have been assisted by one or two nurses, according to testimony. The plaintiff was documented with severe left upper extremity pain and functional limitations in recovery and was diagnosed with likely Parsonage Turner syndrome by her subsequent treating orthopedic surgeon. Greg and Alan demonstrated through expert affirmation the surgery was performed in accordance with the standard of care and that positioning before, during and after surgery was not the doctor’s responsibility. In granting summary judgment, the judge noted that the plaintiff failed to raise a triable issue of material fact, and the evidence demonstrated the doctor fulfilled her duty to the plaintiff in performing surgery and had no duty with respect to positioning.