This action, which was tried by Mr. Pforr in Supreme Court, Queens County, in December 2016, involved a claim that our client, an orthopedic spine surgeon, departed during post-surgical follow-up care. The plaintiff’s sole contention was that our client departed from the standards of care by failing to offer the plaintiff further surgical intervention following a post-operative MRI study which led to an eight month delay in further surgery notwithstanding the fact that plaintiff left our client’s care three months after that study and came under the care of the surgeon who ultimately performed the further surgical procedure. As a result of that claimed delay, plaintiff claimed a permanent foot drop. At the close of plaintiff’s case, a motion was made to dismiss plaintiff’s complaint for failure to make a prima facie showing based upon the uncontroverted evidence that our client had discussed potential future surgery with the plaintiff and that she left our client’s care three months after the study. By a split vote, the jury returned a verdict against our client and our motion was renewed together with a post-trial motion to set the verdict aside. In June 2017, the Court set aside the verdict and dismissed plaintiff’s action.