Three Withdrawals in Connecticut Medical Malpractice Matters

HPMB attorneys Jeannine Foran and Keith Blumenstock recently obtained withdrawals– without any payments made —in three highly contested medical malpractice matters in Connecticut involving significant and permanent injuries.

HPMB obtained a withdrawal in a refiled matter alleging medical negligence at a skilled nursing facility. The plaintiff alleged the facility’s medical staff neglected to manage the nutritional status of a resident, which caused significant weight loss and ultimately death. In the initial action, the court granted HPMB’s motion to dismiss. Thereafter, Plaintiff refiled under the accidental failure of suit statute, and argued that a recent CT Supreme Court decision relaxed the requirements regarding authors of good faith opinion letters. In opposition, HPMB filed a second motion to dismiss arguing the dismissal of the original action was a result of an egregious mistake despite the recent “relaxed” requirements for opinion letters, and thus the refiled action did not qualify under the accidental failure of suit statute. Following established case law, the trial judge scheduled an evidentiary hearing on the motion to dismiss to allow HPMB to cross examine opposing counsel on his reasoning for obtaining the original good faith opinion letter from an unqualified expert. On the eve of the hearing, the plaintiff filed a withdrawal of action.