Partners Jeff Lawton and Gregory J. Radomisli obtained a partial summary judgment win in Supreme Court, New York County in a case involving an IUD. Plaintiff brought allegations of improper insertion of, and failure to recognize migration of, an intra-uterine device (鈥淚UD鈥), purportedly in 2004, allegedly leading to perforation of the uterus, appendix, and colon. 聽Plaintiff treated with our client from 2003 through 2006 and between 2001 and January 2015. 聽She did not bring her lawsuit until November 2015.
We successfully moved for summary judgment to dismiss all claims arising out of treatment rendered in 2011 and before. 聽We effectively had any claim regarding the improper insertion of the IUD dismissed, and limited plaintiff鈥檚 claims to two visits鈥攐ne at which she never complained of abdominal pain, and the second at which the migrating IUD was actually diagnosed.