Effective July 1, 2023, Gerspach Sikoscow LLP joined Kaufman Borgeest & Ryan LLP. Any inquiries may be sent to: Thomas J. Gerspach (tgerspach@kbrlaw.com); Alexander Sikoscow (asikoscow@kbrlaw.com); Kristen J. Halford (khalford@kbrlaw.com); or Ryan J. Gerspach (rgerspach@kbrlaw.com).
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Supreme Court, Rockland County grants summary judgment to orthopedic surgeon in case involving non-union and hardware failure in a surgically repaired hip

Gerspach Sikoscow obtained summary judgment and an outright dismissal on behalf of an orthopedic surgeon who performed an open reduction and intramedullary fixation of a right intertrochanteric hip fracture in a 66-year-old woman. The plaintiff alleged that our client failed to obtain her informed consent, failed to properly place the implants and screws, and failed to diagnose a non-union post-operatively. In support of our client's motion, we submitted the expert affirmation of a renowned orthopedic trauma surgeon, who averred that our client obtained plaintiff's informed consent, used appropriate implants and hardware for plaintiff's reverse obliquity fracture, and adequately reduced the fracture. Our expert argued that plaintiff's nonunion had nothing to do with her screws and implants; it occurred due to a failure of the biologic healing process. Our expert also noted that plaintiff left our client's care after her six week post-op checkup, at which time it was too early to know whether her fracture would heal. Lastly, our expert opined that plaintiff's eventual hardware failure had nothing to do with the positioning of the implants, screws, or the biomechanics of the construct; it was an expected consequence of her nonunion. The Supreme Court concluded that our client had demonstrated his entitlement to summary judgment and dismissed the Complaint, finding that plaintiff had failed to sufficiently rebut the defense expert's opinions.
Categories: Motion Practice
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