FKB’S ANDREW TOBMAN WINS SUMMARY JUDGMENT

03/12/2021

FKB’s Andrew Tobman was successful in obtaining a dismissal with prejudice as to three physicians named as third-party defendants in a bed-sore action.  Hon. Bernard J. Graham authored a 12-page Decision and Order adopting many of the arguments made by Andrew in his moving papers.  The Court determined and accepted as credible, without an issue of fact, that the first-party plaintiff arrived at the hospital unresponsive and in severe distress (with multiple active morbid conditions, including: sepsis, rhabdomyolysis, acute hypoxic respiratory failure, acute kidney injury, and diabetic ketoacidosis) and that the physicians heroically acted to save the patient’s life.  Judge Graham also relied on evidence in the hospital chart reflecting the presence of deep tissue injuries on admission.  Judge Graham found the first-party plaintiff’s expert affirmation insufficient to raise a question of fact as there were contradictory entries in the hospital record and deposition testimony versus what the expert was opining.   

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