Summary Judgment in Mixed Medical Malpractice/Product Liability Case.

We obtained summary judgment in favor of a thoracic surgeon in a mixed medical malpractice/product liability case in New York State Supreme Court, Kings County. ​The claims involved an experimental weight loss device that was inserted and removed by the co-defendants. The device had perforated the plaintiff’s esophagus, and our client was called in to repair the esophagus. Our motion for summary judgment was granted on the grounds that the plaintiff could not establish any deviations from accepted standards of care or that our client’s treatment was a proximate cause of any claimed injury.