Supreme Court, Westchester County

The plaintiff alleged that the defendant, a surgeon who performed three surgeries to treat the plaintiff’s hiatal hernia, caused a vagus nerve injury. Mary Pat Burke was successful in obtaining a summary judgment in favor of the surgeon when the Court agreed that the defendant established prima facie evidence of no malpractice on the part of the surgeon in the care and treatment provided, and that such treatment did not cause the alleged vagus nerve injury. The Court held that the plaintiff’s expert affirmation was conclusory and did not rebut the surgeon’s prima facie showing. Mary Pat was successful in opposing the plaintiff’s attempt to overturn the Court’s decision when they moved to renew and reargue.

Result : Summary judgment granted.
Defense Attorney : For the surgeon: Mary Pat Burke, Sholes & Miller.
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