Andrew Harrison Secures Appellate Victory in New York Medical Malpractice Case

Congratulations to the legal team at Garson Jakub & Morris, led by Partner Andrew Harrison, which was successfully defended before the Court of Appeals and reversed a prior summary judgment denial.

This medical malpractice matter involved allegations that the defendant early childhood intervention therapist negligently exposed a two-year-old immunocompromised infant to human papillomavirus (HMPV) during a therapy session. Plaintiff alleged the infant subsequently developed a viral infection, which ultimately caused the infant’s death. At the conclusion of discovery, Mr. Harrison filed a motion for summary judgment, supported by an affidavit from an infectious disease physician. This expert opined that, based upon the incubation period for HMPV and the timing of symptoms, the infant was exposed to the viral agent prior to the dates of alleged negligence. The New York County trial court denied the summary judgment motion. GJM filed a notice of appeal.

Andrew Harrison prepared the appellate brief and argued the appeal before the Appellate Division, First Department. The First Department issued a decision fully reversing the trial court’s summary judgment denial, holding that plaintiff had failed to refute the defense expert’s opinion that the infection window and incubation period for HMPV placed the infant’s exposure to the virus outside the dates of alleged negligence.

Plaintiff subsequently filed a motion seeking leave to appeal to the Court of Appeals, the highest court in the State of New York, which Mr. Harrison opposed. The Court of Appeals reviewed the submissions and denied plaintiff’s motion, bringing the case to a close.

GJM thanks its clients for placing their trust in our aggressive litigation strategy which enabled the complete exoneration of the insured.