The defendants brought a motion for summary judgment to dismiss the plaintiff's medical malpractice claim regarding therapeutic Botox injections.
The court found the action was statute-barred because the plaintiff had actual knowledge of the material facts and attributed her symptoms to the Botox treatment well beyond the two-year limitation period.
Furthermore, the court held that the plaintiff's failure to produce expert evidence establishing a breach of the standard of care and causation meant there was no genuine issue requiring a trial.
The motion for summary judgment was granted and the action dismissed.
