The underlying Supreme Court matter arises out of alleged medical malpractice and wrongful death related to medical and chiropractic treatment provided to plaintiff’s decedent, JM in 2015. The decedent was treated by doctor BRK in the emergency department at MMH. A CT scan of the head and brain was negative for intracranial abnormality. BRK discharged the decedent for follow-up care. The decedent then had chiropractic manipulations with NW. Thereafter, the decedent went to another emergency department at CPH and was treated by another physician JC, who was informed of the negative CT scan, and diagnosed decedent with migraines, cervical strain, and discharged decedent. The decedent returned to the chiropractor NW who performed manipulation. Immediately following, the decedent got off the table, collapsed, and was later diagnosed with bilateral cerebellar stroke secondary to dissection of the left vertebral artery. He passed away 1.5 years later.
Monaco Cooper Lamme & Carr, PLLC attorneys Adam H. Cooper and Mackenzie E. Kesterke, represent the second emergency department and its health system, CPH and SLHS.
The plaintiff commenced this medical malpractice and wrongful death case against all defendant physicians, both hospitals, and the health system, SLHS in 2016. The defendant, BRK then commenced a third-party action against the chiropractor for negligence.
In October 2021, all defendants moved the Court for summary judgment, requesting that the plaintiff’s Complaint be dismissed.
On behalf of CPH and SLHS, we argued that there is no evidence that the hospital and health care system deviated from accepted medical practice, that no direct claims exist against the defendants, that any vicarious liability claim against the defendants for the actions of physician JC are without merit, and the plaintiff has not demonstrated a triable issue of fact against our clients.
The Motions were heard by Judge Mary M. Farley, Supreme Court Justice, St. Lawrence County. In 2022, Judge Farley issued a 35 page Decision granted summary judgment and dismissed the plaintiff’s complaint against our clients, CPH and SLHS as well as the other physicians. Judge Farley denied the co-defendant MMH’s motion for summary judgment.
About Adam Cooper
Adam Cooper is a trial attorney handing complex litigation with an emphasis on product liability, professional liability, business and commercial law, real estate, food and beverage, and trucking and transportation. In addition to his litigation practice, Adam advises professionals and businesses on risk mitigation and strategic planning for regulatory compliance, recall planning, performance improvement, litigation prevention, and malpractice avoidance. He has been named a Best Lawyer by Best Lawyers in America®, a SuperLawyer by SuperLawyers®, an AV® Preeminent Lawyer by Martindale-Hubbell, and has a 10.0 Superb Attorney Rating on AVVO. Adam can be reached at (518) 675-7742 and at acooper@mclclaw.com.
About Mackenzie Kesterke
Mackenzie Kesterke is a litigator practicing in the areas of general litigation and personal injury, construction, product liability, and professional liability specifically medical malpractice. She practices in state, federal, and appellate courts throughout New York State. She is co-chair of the Albany Bar Association’s Young Lawyers Committee. Mackenzie can be reached at (518) 818-6148 and at mkesterke@mclclaw.com.
About Monaco Cooper Lamme & Carr, PLLC
MCLC is a law firm dedicated to providing exceptional legal services and unparalleled value while building rewarding and lasting relationships with our clients. Our team includes seasoned trial and transactional attorneys who are nationally recognized industry and legal authorities in a wide range of practices and are supported by a remarkable professional support staff. For more information on our firm, visit mclclaw.com or contact our Marketing Director, Stacy A. Smith at ssmith@mclclaw.com.