Three Withdrawals in Connecticut Medical Malpractice Matters

HPMB obtained a withdrawal on the eve of trial with no payment made. The matter involved an unwitnessed fall with resulting in a traumatic brain injury (TBI) and humerus fracture requiring surgery. Plaintiff disclosed an expert witness to support her claims that upon admission, the defendant failed to properly complete a fall risk analysis, which rendered the care plan and resulting fall risk interventions in place as wholly inadequate. HPMB disclosed expert witnesses and maintained an aggressive procedural posture. HPMB completed an EBT of plaintiff’s out-of-state expert witness where it obtained concessions from the expert that two of the three measures plaintiff alleged were required by the standard of care, were in fact not permissible forms of intervention allowed in Connecticut based skilled nursing facilities, and the third measure alleged to violate the standard of care was actually fulfilled by the defendant’s staff. HPMB maintained a “no-pay” position and prepared aggressively for trial including filing several motions in limine to preclude plaintiff’s presentation of evidence at trial. Rather than oppose HPMB’s pretrial motions and face a ruthless cross-examination of plaintiff’s expert witness, Plaintiff’s counsel filed a withdrawal of action the day before jury selection was to commence.

HPMB obtained a withdrawal in a refiled matter alleging negligence by a physical therapist in an acute rehabilitation facility. Plaintiff alleged that the physical therapist failed to diagnose a post operative periprosthetic knee fracture, which caused the plaintiff to endure tremendous pain and suffering before undergoing corrective surgery. HPMB obtained a dismissal of the initial action against the physical therapist. Thereafter, Plaintiff refiled the action against the physical therapist under the accidental failure of suit statute. Two co-defendants settled. HPMB took immediate action to secure an apportionment of liability claim against the settled and released co-defendants, which included adopting/ retaining plaintiff’s expert witnesses and disclosing its own physical therapy experts. In addition, HPMB noticed EBTs of the adopted experts, released codefendant ED orthopedist, and plaintiff’s husband and granddaughter. Moreover, HPMB maintained a “no-pay” position and prepared aggressively for trial including filing several motions in limine to preclude plaintiff’s presentation of evidence at trial. Rather than oppose HPMB’s pretrial motions, on the eve of trial, the plaintiff withdrew the matter against the HPMB defendant.