Senior Trial Partner John J. Barbera and Partner Michael B. Manning obtained a discontinuance on behalf of the defendant hospital on the eve of jury selection.
In August 2016, the plaintiff, then 39 weeks and 3 days gestation, was admitted to defendant hospital by the private attending obstetrician and gynecologist. The plan for a TOLAC delivery was eventually converted to a C-section after attempting to deliver vaginally, which the plaintiff consented to. During the C-section, the infant was delivered without complication, however, the plaintiff suffered a uterine and bladder rupture. The private attending obstetricians and gynecologists performed the repair of the uterus and the co-defendant urologist repaired the bladder. Plaintiff claimed to have suffered uterine and bladder laceration and rupture, vesicovaginal fistula and vesicouterine fistula, the need for surgery including a repair of the vesicovaginal fistula and a hysterectomy, and the need for long term Foley catheter.
MCB filed a motion for summary judgment, which resulted in having the case dismissed against the individually named labor and delivery nurse and eliminated all direct claims against the hospital. Whether the hospital was vicariously liable for the co-defendant urologist was determined to be a question of fact for a jury to determine. However, on the eve of jury selection, MCB was able to obtain a discontinuance, with prejudice, against the hospital.