FBMJ attorneys Randall Juip and Sarah Cherry were successful in achieving a medical malpractice case dismissal on behalf of their clients – an Interventional Radiology physician and a major hospital system.

Plaintiff alleged that the Defendant physician punctured a breast implant during a breast biopsy, necessitating the need for the breast implant to be replaced.  Plaintiff further alleged ongoing pain following the procedure which prevented her from working and performing household services, claiming over $2.5 million in damages.

Plaintiff only had one liability expert after Defense counsel was able to successfully get the Plaintiff’s remaining experts struck. Following the depositions of Plaintiff’s expert and a treating surgeon, Defendants filed a Motion for Summary Disposition arguing that Plaintiff had failed to establish proximate cause through expert testimony. The Court agreed and dismissed the case in its entirety.

Like this case, the moment Randy and Sarah are assigned a new matter they strategize as to how they can get the case dismissed or minimize damages. This strategy is implemented and reassessed throughout every phase of litigation with the ultimate goal of client satisfaction. 

Randy and Sarah were elated to be able to deliver this incredible news to the clients before the holidays!