Post & Schell Attorneys Win Defense Verdict for Hospital and Doctor in Med Mal Case on Statute of Limitations Defense
On February 11, 2015, a jury returned a verdict in favor of a physician and hospital and found that plaintiff’s claim was barred by the statute of limitations. The case had a notable procedural history, as a motion for judgment on the pleadings filed by another law firm was granted on the issue of the statute of limitations for the plaintiff’s failure to plead facts sufficient to overcome this defense. The plaintiff appealed and the Superior Court sent the case back for discovery and trial, noting in their opinion that the court had improperly granted the motion for judgment on the pleadings. A subsequent motion for summary judgment on the issue of statute of limitations, filed after discovery was completed, was denied by the Honorable Frederica Massiah-Jackson.
Ultimately, the jury agreed that the case was time barred. A Power Point presentation prepared by the defense team, which included paralegal Amy Street, was utilized by the defense in closing argument to reinforce the dates important to the statute of limitations defense. The jury did not reach the issues of negligence and causation, as the question concerning the statute of limitations defense appeared first on the verdict slip.
The case involved the performance of a total abdominal hysterectomy, Burch procedure to treat urinary incontinence and cystoscopy. Subsequently, two sutures placed during the Burch procedure migrated, which is a known risk of the Burch procedure. The suture migration resulted in the need for additional surgeries, pain, and urinary incontinence.
Mary Ellen Reilly
Thomas R. Chawluk, Jr.