Tsimbler v. Fell (2015)
Tsimbler v. Fell (2015): In this medical malpractice action, the plaintiff alleged that the defendants prescribed a contraindicated glaucoma medication and that he did not even have the condition for which the medication was prescribed. The medication allegedly caused side-effects and permanent illnesses. The plaintiff appealed after the trial court granted the defendants summary judgment. We were retained to defend against the plaintiff’s appeal. The Appellate Division, First Department, affirmed the grant of summary judgment to our clients, finding that the plaintiff did not raise an issue of fact on his medical malpractice claim and did not raise an issue of fact as to the absence of proximate causation on his claim for lack of informed consent. As such, the action remained dismissed against our clients.