News Brief

Friedberg and Fernandez Obtain Summary Judgment for Plastic Surgeon

August 13, 2019

Alan Friedberg (Partner-White Plains) and Emily Fernandez (Partner-White Plains) represented a plastic surgeon and his primary care group in a medical malpractice action in which a 23-year-old singer sustained a broken jaw in a fight at a bar. Our client performed a surgical procedure to repair the jaw due to the severity and location of the fractures. After completing an outpatient course of treatment with our client, plaintiff returned to obtain a letter that established continuous treatment with our client and bolstered plaintiff’s damages for use in settling plaintiff’s law suit against the bar. Plaintiff then sued our client using that same letter to support his claims of: mental nerve damage causing permanent numbness; malocclusion/misalignment of the teeth and face causing embarrassment; infection requiring need for additional surgical intervention to remove hardware and non-viable canine tooth; and interference with ability to sing, eat, drink, kiss, and engage in other recreational activities. Although a fact-specific case, our summary judgment motion was supported by targeted deposition testimony elicited from the plaintiff and his mother, our client’s testimony regarding precise surgical methodologies used, and support from our expert, who was our client’s partner and assisted in the subject surgery. Plaintiff’s counsel was unable to raise a genuine issue of fact from the record we created, and the court dismissed the case with prejudice.

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