Mackenzie Kesterke and Adam Cooper of Monaco Cooper Lamme & Carr, PLLC were successful in gaining a dismissal of a medical malpractice claim against their clients, an oncologist and medical center.
This wrongful death action arises out of alleged negligence and medical malpractice of the plaintiff’s decedent from 2015-2019 by our clients, two other hospitals, and multiple physicians (separately represented).
The decedent was treated by the co-defendants from 2012-2019 for cancer, including T1 bladder cancer and T2 carcinoma. The decedent’s treatment by our client oncologist occurred from January 2015-March 2018, and was limited to the administration and oversight of her chemotherapy and radiation. The decision for the type of chemotherapy and radiation was a joint decision between co-defendants, our oncologist, and decedent.
Plaintiff claims the defendants failed to properly treat the decedent’s bladder cancer, specifically that the defendants deviated from accepted standards of medical care by failing to timely diagnose and treat the decedent resulting in her untimely death as a result of multiple organ failure due to metastatic bladder cancer.
After the conclusion of discovery and depositions, all defendants moved the Court for summary judgment, requesting that the plaintiffs’ Complaint be dismissed.
Our clients were represented by attorney Mackenzie Kesterke on motion. With her motion, Ms. Kesterke submitted an affidavit from a medical expert certified in internal medicine, medical oncology, hematology, and palliative care. The expert opined that there was no causal link between the treatment provided by our clients and the decedent’s injuries. More specifically, our expert opined that our clients’ treatment of the decedent, including a combination of chemotherapy and radiation, was appropriate and definitive treatment for the decedent’s urothelial carcinoma, and that no intervention could have been performed in accordance with good and accepted medical practice to remediate or avert decedent’s development of metastatic disease.
The co-defendants submitted an affidavit from the same expert, who had similar medical opinions, stating that the standard of care was met.
The plaintiff submitted the affidavit of an expert board certified in internal medical and medical oncology. Plaintiff’s expert confined his expert opinion to the defendants’ failure to perform a radical cystectomy. Plaintiff changed the initial theory and Plaintiff’s expert concurred with Ms. Kesterke’s expert’s opinion that a radical cystectomy in 2018 would not have changed the outcome for the decedent; however, the expert did opine that had the procedure been performed in late 2014/early 2015 it could have reduced the risk of incurable metastatic cancer. Ms. Kesterke counter-argued that that any intervention in 2014 was prior to our client’s involvement in the decedent’s care, and further that a cystectomy was not a treatment option that our client, as an oncologist would decide, as it was outside of our client’s scope of practice.
The Motions were heard by the Hon. Mary M. Farley, Supreme Court Justice, St. Lawrence County. Judge Farley issued a 16-page Decision granting summary judgment and dismissed the Complaint against Ms. Kesterke’s clients and denied the co-defendants’ motion for the same relief.
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 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 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.