Supreme Court Grants Summary Judgment in Favor of Defendant Hospital in Wrongful Death Case

GS LLP obtained summary judgment on behalf of its client, a New York City Hospital, in a case concerning the alleged wrongful death of an eight-year-old girl secondary to asthma. Plaintiff alleged that the hospital-employed paramedics negligently failed to commence CPR and failed to intubate the decedent in the field, resulting in her death. Supported by an expert affirmation by a critical care specialist, GS LLP established that the paramedics rendered appropriate care. Citing the autopsy report and events that transpired in the Emergency Department, the expert also established that the decedent suffered from a rare and deadly form of asthma called brittle asthma, which would have caused her death even if the she received earlier CPR and intubation. Although plaintiff opposed the motion with a physician affirmation claiming that the paramedics rendered inadequate care, the expert did not address our argument that the decedent's life could not have been saved because of the nature of her disease. The Court agreed, and dismissed all claims advanced against our client.