DISMISSAL AFTER MOTION TO REARGUE SUMMARY JUDGEMENT

Diane Kim’s motion to reargue the court’s denial of summary judgment on behalf of our client, was recently granted by the Judge. 

The case involves claims that the defendants failed to administer a flu vaccination to an 87-year-old female during her admission to an assisted living facility which led to her contracting the flu and developing pneumonia, respiratory failure, and death. Our client and co-defendant were the deceased’s attending physicians at the facility.   

Upon rearmament, the court agreed that dismissal was granted to co-defendant, based upon lack of proximate causation, summary judgment should have also been granted on behalf of our client on the issue of proximate cause where the allegations against both physicians were essentially identical. As such, the court vacated their prior order and dismissed plaintiff’s action as against our doctor.   

It is possible that plaintiff will seek to appeal this decision. If so, Ms. Kim will be waiting.