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Senior Partner Bruce G. Habian was retained by a hospital client wherein the hospital’s prior law firm received the decision striking the hospital’s Answer for inability to produce crucial fetal heart rate tracings. The computer system utilized never recorded the data and therefore it was not destroyed by the hospital. A fact explained by Mr. Habian’s retention of sophisticated technology experts well-versed in the system’s intricacies.
Appellate Partner Ellen B. Fishman argued the appeal; the Court reversed the Trial Court’s ruling, reinstated the Answer and substituted an adverse inference submission to the jury when the case would be tried. Therefore, the liability defense on the part of the hospital was preserved.