Plaintiff, a 65 year old man, underwent a bariatric procedure (gastric bypass) performed by a co-defendant at defendant’s hospital. Plaintiff claimed he had a complication after surgery involving a leaking anastomosis line and/or intra-operative infection which resulted in a lengthy admission to another hospital and resulting injuries. Plaintiff started his claims as a pro per (representing himself). After substantial law and motion on the issue of the statute of limitations and failure of plaintiff to participate in the discovery process, he retained counsel. Additional law and motion on discovery disputes was required and a joint stipulation amongst the parties to continue the trial in to 2022 was denied by the Orange County Superior Court. Defendant filed a Motion for Summary Judgment on the statute of limitation as well as the standard of care. Plaintiff agreed to dismiss his claims in return for a waiver of costs in advance of the Motion for Summary Judgment.
July 2021