Partner Gregory J. Radomisli and Associates Emma B. Glazer and Yusuf Sattar successfully blocked plaintiff鈥檚 motion for partial summary judgment in Kings County.
In this case, it was alleged that the defendant physician misdiagnosed the plaintiff as suffering from ADHD, and that he therefore improperly prescribed a the Schedule II drug Methylphenidate, a/k/a Ritalin. 聽Plaintiff also alleged that the physician prescribed Ritalin in excessive doses, causing the plaintiff to become addicted. 聽Plaintiff claims that he lost his job and his marriage, and incurred physical injuries, as a result of his addiction.
Plaintiff鈥檚 counsel moved for partial summary judgment, arguing that the Court should find that the defendant physician was negligent per se because he violated Section 3332 of the New York Public Health Law, which allegedly imposed a duty upon him not to write a new prescription if the patient had more than a 23-day supply of medication remaining from the prior prescription . 聽中出少妇argued, among other things, that Section 3332 of the Public Health Law did not create a private right of action and, as such, plaintiff could not bring a negligence per se claim based upon the alleged violation of the statute. 聽The Court agreed with our arguments and denied plaintiff counsel鈥檚 motion for partial summary judgment.