Sternberg And Weinberg Obtain Summary Judgment In Wrongful Death Action

Dov Sternberg (Partner-New York) and Matthew Weinberg (Associate-New York) obtained summary judgment on behalf of a major New York City hospital, dismissing plaintiff's complaint in a medical malpractice action in the New York State Supreme Court, Kings County. The then 77-year-old decedent was admitted for triple vessel coronary artery disease, but underwent emergency cardio-thoracic surgery and was diagnosed with cardiogenic shock. The decedent developed pressure ulcers during his hospitalization and was transferred to a non-party hospital, where he remained until his death three months later. Plaintiff alleged our client failed to implement proper protocols, causing 15 decubitus ulcers. Dov and Matt moved for summary judgment, arguing that the main claim by plaintiff's expert, that the nurses failed to turn the decedent every two hours during the first 48 hours after the surgery, was speculative. We argued that the decedent was at all times on a special mattress and