In an August 9, 2023, decision and order, the court granted summary judgment on behalf of our client, a hand surgeon. Garden City, NY Partner, Jerry Murphy prepared the motion in this medical malpractice case involving an alleged failure to timely and properly treat a hand laceration after the then 18-year-old plaintiff was injured at work. The plaintiff was originally treated in the emergency room at the hospital but underwent a course of subsequent care by our client. After continued complaints of pain and discomfort, our client performed a left-hand wound exploration which resulted in the removal of a retained piece of glass and repair of a partially transected digital nerve. Plaintiff claimed that our client delayed the performance of the surgery, which caused and contributed to serious permanent injuries, including nerve damage and complex regional pain syndrome. Plaintiff also asserted a substantial future lost earnings claim.
At the time summary judgment motion was filed, plaintiff made a 7-figure settlement demand. Mr. Murphy was able to craft strong arguments in favor of dismissal, which were supported by an affirmation by a well-credentialed expert hand surgeon. Notably, at or about the same time the motion for summary judgment was filed, Mr. Murphy also exchanged surveillance video of the plaintiff, calling into question the validity of plaintiff’s claim of permanent disability. Mr. Murphy’s motion was eventually submitted without opposition, after plaintiff was granted numerous adjournments and opportunities to oppose the dispositive motion.
Congratulations Jerry, on another firm victory.