Fullerton Beck partners Edward Guardaro and Dena Operman successfully defended a medical malpractice case, compelling the plaintiff to withdraw her case in its entirety.
The case was filed against Fullerton Beck’s client, a Brooklyn-based optometry and ophthalmology practice, in Kings County Supreme Court, a typically plaintiff-friendly venue. The plaintiff alleged that the practice was negligent in misdiagnosing headaches and vision issues, claiming it led to unnecessary suffering.
The practice was accused of failing to assess the plaintiff’s symptoms properly and improperly attributing the complaints as an issue with her prescription glasses. After the plaintiff returned with complaints of worsening vision shortly after that, the practice promptly referred her to a hospital, where she was diagnosed with Idiopathic Intracranial Hypertension. Despite the claims, expert commentary from a neuro-ophthalmologist and an ophthalmologist confirmed that the evaluations provided by the practice met the requisite standard of care and that reasonable medical judgment was exercised in treating the plaintiff. The experts also corroborated that the patient experienced no permanent injury.
Our team aggressively pursued an early resolution and filed a summary judgment motion with the court while simultaneously conferring with the plaintiff to have counsel discontinue the action. Upon reviewing the motion and expert affirmations, the plaintiff’s counsel chose to discontinue the case with prejudice rather than oppose the motion, resulting in a favorable outcome for our client.
This case highlights our commitment to aggressive defense strategies, which include retaining top-notch experts and filing dispositive motion papers when required to achieve swift resolutions for our clients.