Senior Trial Partner Jeff Lawton, and Partner Michael B. Manning, obtained a discontinuance on behalf of MCB’s client, a hospital, preceding jury selection.
This case involved an alleged failure to diagnose and timely treat appendicitis in the then 55-year-old plaintiff. The plaintiff initially presented to the Emergency Department at the defendant hospital in May 2016 and was treated by the co-defendant emergency department physicians and hospital staff. Two days later, the plaintiff returned and was again discharged after being evaluated in the Emergency Department. Later the same day, plaintiff returned, was admitted and underwent imaging that confirmed appendicitis. She underwent an emergency appendectomy. Plaintiff claimed that as a result of the defendants’ failure to timely diagnose appendicitis, she suffered a ruptured appendix and need for emergency surgery, septic infection, Clostridium difficile colitis, irregular heartbeat, premature ventricular complexes, ventricular ectopy, shortness of breath, episodic asthma, thrombosed hemorrhoids, severe diarrhea, IBS, bronchitis, fatigue and weakness. Plaintiff claimed that she was no longer able to work and as a result initially claimed millions of dollars in lost earnings.
Plaintiff also asserted a separate cause of action for battery against the defendant hospital and co-defendant physician assistant related to the administration of pain medication in the Emergency Department.
MCB filed a motion for summary judgment and was able to eliminate all direct claims of negligence and medical malpractice, limiting the hospital’s exposure to vicarious liability for the co-defendant physicians. Prior to trial, the battery cause of action was discontinued. Immediately prior to jury selection, MCB was able to obtain a discontinuance, with prejudice, of the remaining claim of vicarious liability against the hospital.