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Causation defense rebuffed – notice the subtleties of this caseApril 28, 2010

McDuffie v Rodriguez, 2010 NY Slip Op 03366 (1st Dept. 2010)

“Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious injury by submitting the affirmed reports of experts who, after examining plaintiff and reviewing her medical records and MRI studies, found a lack of causation between her complaint of right knee pain and the subsequent arthroscopic surgical repair and the accident, and instead attributed plaintiff’s condition to pre-existing degenerative osteoarthritis (see Jean v Kabaya, 63 AD3d 509 [2009]). In opposition, plaintiff raised a triable issue of fact, as her treating physician noted acute injuries related to the automobile accident as well as degenerative changes. Defendants’ remaining arguments need not be addressed.”

What was not reviewed?  The MRI FILMS.

Why does this matter?  Well, what is the standard to defeat to a causation defense based upon a radiologist’s review of the films finding that the condition is degenerative?

I will tell you this much: it is more than some “[p]hysician not[ing] acute injuries related to the automobile accident….”  The answer may be found here.

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