Robert Fein of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C.’s Westchester County office was successful in obtaining Summary Judgment on behalf of insured neurologist in a medical malpractice action in Dutchess County, New York. It was alleged therein that an epidural nerve block administered by defendant physician caused plaintiff to sustain arachnoiditis and a punctured spinal cord.  The Court (J. Rosa) held that defendant physician established adherence to accepted medical practice in administering an epidural nerve injection and that plaintiff failed to raise a material issue of fact in opposition to the physician’s motion.  Mr. Fein persuasively argued that plaintiff’s submission in opposition to the Motion for Summary Judgment was conclusory and unsupported by competent evidence tending to establish the essential elements of medical malpractice.  Beyond that, Mr. Fein convincingly argued that the doctrine of res ipsa loquitor did not apply to the facts of this case.  Plaintiff’s settlement demand remained $7,000,000.00 prior to the dismissal of the action.