United States District Court, D. New Jersey
T. McDONOUGH, ESQ. 13 West Avenue, Suite A Woodstown, New
Jersey 08098 Attorney for Plaintiff
BLUMBERG & WOLK, LLC Jay J. Blumberg, Esq Erika L. Mohr,
Esq. 158 Delaware Street P.O. Box 68 Woodbury, New Jersey
08096 Attorneys for Defendant Jay Morros, M.D.
RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE.
suit arises out of the alleged misdiagnosis of Plaintiff Ada
Small when she went to the emergency room of Defendant The
Memorial Hospital of Salem County (hereafter “the
Hospital”). Defendant Dr. Jay Morros, one of the
emergency room doctors, moves for summary judgment. Small has
filed no opposition to the motion. For the reasons stated
herein, the motion will be granted.
March 28, 2015, Plaintiff Ada Small presented to the
Hospital's emergency room complaining of intermittent
sharp, tight chest and shoulder pain which reportedly began
approximately twelve hours prior. (Defendant's Statement
of Material Facts, “SMF, ” ¶ 1) Small was
eventually examined by Defendant Dr. Jimenez, an Emergency
Department attending physician. (Id. ¶ 8)
Jimenez conducted a review of Small's symptoms and a
physical examination. (SMF ¶¶ 9-10) Small was then
treated for anxiety and pain. (Id. ¶ 11)
Ms. Small's examination by Dr. Jimenez, the role of
attending physician was handed off to Dr. Morros. Dr. Morros
did not conduct a repeat examination of Ms. Small.
Thereafter, Ms. Small was ordered discharged to home with
diagnoses of anxiety reaction and cervical radiculopathy and
was additionally ordered to follow up with her primary care
physician . . . in two to three days.” (SMF
April 1, 2015, Small was seen by her primary care physician
who concluded, after performing an EKG, that “Ms. Small
may have experienced a recent myocardial infarction.”
(SMF ¶ 15, 16) Ms. Small went straight from her primary
care physician's office to the Hospital. (Id.
¶ 17-18) After being examined at the Hospital, Small
“was transferred to Cooper University Hospital for
cardiac catheterization.” (Id. ¶ 20)
Complaint asserts four counts, excluding the “John Doe
/ Jane Doe” and “ABC Corporation” counts:
(1) violation of the Emergency Medical Treatment and Active
Labor Act (EMTALA), 42 U.S.C. § 1395dd, against the
Hospital; (2) medical malpractice / negligence against
Defendant Dr. Jimenez; (3) medical malpractice / negligence
against Defendant Dr. Morros; and (4) respondeat superior
liability of the Hospital.
SUMMARY JUDGMENT STANDARD
judgment shall be granted if “the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a). A fact is “material” if it
will “affect the outcome of the suit under the
governing law[.]” Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 248 (1986). A dispute is
“genuine” if it could lead a “reasonable
jury [to] return a verdict for the nonmoving party.”
a properly supported motion for summary judgment [has been]
made, the adverse party ‘must set forth specific facts
showing that there is a genuine issue for trial.'”
Anderson, 477 U.S. at 250 (citing Fed.R.Civ.P.
56(e)). In the face of a properly supported motion for
summary judgment, the nonmovant's burden is rigorous: he
“must point to concrete evidence in the record”;
mere allegations, conclusions, conjecture, and speculation
will not defeat summary judgment. Orsatti v. New Jersey
State Police, 71 F.3d 480, 484 (3d Cir. 1995);
accord, Jackson v. Danberg, 594 F.3d 210,
227 (3d Cir. 2010) (citing Acumed LLC v. Advanced
Surgical Servs., Inc., 561 F.3d 199, 228 (3d Cir. 2009)
(“[S]peculation and conjecture may not defeat summary
judgment.”)). Failure to sustain this burden will
result in entry of judgment for the moving party.
same basic legal analysis applies when a summary judgment
motion is unopposed, Anchorage Associates v. Virgin
Islands Board of Tax Review, 922 F.2d 168 (3d Cir.
1990), however, the material facts put forth by the movant
are deemed undisputed pursuant to L. Civ. R. 56.1(a)
(“any material fact not ...