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Kearns and Hoynacki Obtain Summary Judgment One Month from Trial after Two-Year Litigation

July 10, 2019

Patrick Kearns (Partner-San Diego) and David Hoynacki (Associate-San Diego) recently obtained summary judgment in a medical malpractice dispute in San Bernardino Superior Court. The plaintiff suffered a rare tracheal tear while undergoing a double mastectomy procedure at an ambulatory surgery center. The plaintiff eventually required corrective surgery and a 14-day hospital stay. Representing the surgery center, Patrick and David moved for summary judgment, arguing that the nursing staff had actually exceeded the required standard of care by alerting doctors less than one minute after the plaintiff began to show signs of a complication while she was in recovery. They also argued that the plaintiff could not prove the required element of causation. The judge granted the Motion for Summary Judgment in favor of the surgery center in its entirety.

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