Fullerton Beck Partner Alison O’Dwyer secured summary judgment on behalf of the firm’s client, a wound care services provider. The plaintiff, the administrator of the estate of a deceased 83-year-old man, alleged our client, the decedent’s primary care physician, and a nursing home provided substandard care to the decedent, including the treatment of his pressure ulcers, which allegedly resulted in his demise.
The decedent was admitted to a nursing home for rehabilitation after a stroke. He developed several pressure sores, which the estate alleged worsened while under the care of the defendants and ultimately caused his death. The administrator alleged claims against our client, sounding in negligence, medical malpractice, lack of informed consent, and wrongful death.
In her motion, Alison demonstrated that the plaintiff’s expert opinions were conclusory and speculative and insufficient to create genuine issues of material fact in response to Fullerton Beck’s motion to dismiss. Alison also obtained a dismissal of recent claims alleging that our client improperly trained the staff in turning and positioning the decedent. Specifically, Alison demonstrated this was a new theory of liability asserted, never pled in the Bill of Particulars, and therefore barred.
This case is emblematic of Fullerton Beck’s careful handling of all stages of litigation, including analysis of pleadings and discovery so as to file timely dismissal motions. Alison’s approach and handling of this matter minimized our clients’ legal spend and rightfully extinguished their potential for liability exposure.