The case involved claims that defendants negligently treated a then 35 year old man for his ulcerative colitis with a high dose of Prednisone, thereby causing him to develop Fournier’s Gangrene (generally defined as gangrene/necrotic tissue to the penis, groin and scrotum in men).  Plaintiff required numerous subsequent hospitalizations and surgeries and ultimately underwent an ileostomy and colectomy (bowel resection).  Plaintiff also had a significant lost earnings claim and the estimated verdict value was over $2 million.  

FKB represented a surgical center, which was co-owned by a co-defendant gastroenterologist.   FKB moved for summary judgment, arguing that plaintiff did not assert any claims of direct liability against the surgical center; and based on the facts and the case law, the surgical center was not vicariously liable for co-defendant, gastroenterologist.  

In the face of FKB’s motion, plaintiff’s counsel agreed to discontinue the action against FKB’s client, the surgical center.  Significantly, the motion was made prior to completion of discovery, allowing our client to avoid the costs of being involved in the remaining depositions and discovery.