Ryan T. Dwan recently obtained summary judgment for an Orange County, NY orthopedic surgeon, physician assistant and practice after a plaintiff alleged that they negligently caused nerve damage to his arm and wrist by incorrectly positioning/securing the patient during a right total knee arthroscopy.
In 2016, the plaintiff presented to Crystal Run Healthcare and ultimately underwent a right knee replacement which was performed by Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) clients. The procedure was uneventful and there were no complications.
Despite a phone call to Crystal Run Healthcare and a post-operative follow-up appointment shortly after the surgery, the plaintiff did not report right upper extremity numbness for the first time until a month after the surgery. He underwent right endoscopic carpal tunnel release and right cubital tunnel release procedures the following month. Neither procedure granted him relief from his symptoms.
The plaintiff alleged that FKC&S’s clients: improperly positioned him during the surgery; improperly placed blood pressure cuffs on his right arm in a manner that caused nerve damage; and failed to timely order studies, diagnose or treat his right ulnar nerve damage, carpal tunnel syndrome and radial neuropathy.
Dwan filed a motion for summary judgment. FKC&S’s expert orthopedist opined that the firm’s clients were not involved in or responsible for the positioning of the plaintiff or the blood pressure cuffs during surgery. Dwan further argued that: FKC&S’s physician assistant client did not exercise any independent judgment or act independently during the procedure; the plaintiff’s right upper extremity injury was timely assessed, treated and diagnosed; the knee replacement surgery was not the proximate cause of the plaintiff’s injuries; and the plaintiff’s lack of informed consent claim was meritless as the right arm injury was not a foreseeable risk of the knee replacement.
In responding to the defendants’ motions, the plaintiff’s attorney declined to oppose FKC&S’s motion. The court thereupon granted the motion, dismissing all claims against FKC&S’s clients.