Ellen Fischer secures dismissal for Orange County gastroenterologist
Ellen Fischer recently secured a dismissal of an action filed against an Orange County gastroenterologist. The plaintiff had undergone gastric sleeve surgery, and was subsequently found to have developed a perforation near the gastroesophageal junction. The codefendant surgeon requested a consult from FKC&S’s client, who placed a metallic stent over the area of the perforation. Plaintiff claimed that the stent was not properly secured and as a result migrated, causing the contents of the stomach to leak into the abdomen. Plaintiff submitted the affirmation of a surgical expert. The Court agreed with our position that this affirmation failed to establish that the stent was improperly placed or secured and dismissed all claims against our client while denying the motion for summary judgment dismissing malpractice claims against the co-defendant surgeon.