SUMMARY JUDGMENT VICTORY: Friedberg Scores Defense Win for Anesthesiologist in Queens County

VLMM is pleased to announce that partner Micah Friedberg obtained summary judgment for our anesthesiologist client and his practice group in a complex medical malpractice action in Queens County Supreme Court. The plaintiff, then 45 years old, alleged that our client negligently administered hydromorphone (Dilaudid) during a series of gynecologic procedures despite her reported morphine allergy, resulting in a stroke (or stroke-like episode) and long-term injuries including hemiplegia, impaired mobility, partial aphasia, and cognitive deficits.

Tragically, our client passed away shortly after litigation began. Although the case proceeded without the benefit of his testimony, Micah successfully demonstrated—through a meticulously coordinated presentation of the medical records, deposition testimony, and expert analysis—that our client was fully aware of the reported morphine allergy, appropriately documented it, and selected hydromorphone based on its distinct chemical structure and lower histamine release profile. While both hydromorphone and morphine belong to the same chemical class of opioids (phenanthrenes), Micah established, through expert testimony, that true cross-reactivity is rare, and that the plaintiff’s transient symptoms of itching and nausea were consistent with known opioid side effects, not a true allergic or anaphylactic reaction.

The Court fully credited Micah’s arguments, finding that the plaintiff exhibited no signs of allergic reaction during or after surgery, and that her subsequent neurological symptoms were unrelated to the administration of hydromorphone. The Court agreed that no triable issue of fact had been raised on the issue of causation and dismissed the claims in their entirety.

This result was particularly meaningful to Micah. In one of his final conversations with the client before his passing, the doctor expressed concern about the burden the litigation might place on his wife. Micah assured him that he would do everything possible to vindicate him and is proud to have kept that promise.

Congratulations to Micah for delivering this outstanding result.