David Metzger Wins Summary Judgment

Senior Counsel David Metzger obtained summary judgment in a medical malpractice case on behalf of an interventional cardiologist and a Manhattan hospital. The case involved a perforation of a the right iliac artery during a cardiac catheterization, resulting in blood loss, the need for stented repair of the perforation, intubation and the transfer of the patient to the Cardiac I.C.U. The plaintiff had a history of macular generation and glaucoma, but he alleged that the perforation caused blood loss to the eye and immediate, significant diminution of vision. The New York County Supreme Court Judge dismissed the case, opining that the defendants, through a Neuro-Ophthalmology expert, established a lack of an objective causal connection, as the plaintiff’s central vision was unchanged from pre-catheterization values and the peripheral vision loss, if any, was attributable to the advancement of the plaintiff’s ophthalmologic diseases. The Court  opined that the plaintiff’s two physician affirmations in opposition failed to sufficiently rebut the defendants’ prima facie showing.


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