Motion for Summary Judgment Granted – Claims of Professional Negligence

Plaintiff, a 58 year old woman, had hernia repair surgery in 2014.  In 2020, she filed a claim alleging Negligence and Battery on the grounds that she did not consent to the use of mesh and that the surgeon removed structures of the Canal of Nuck and her appendix while leaving behind an outdated mesh plug without her consent or knowledge.  Pathology revealed that she had a hamartoma (benign tumor) removed during surgery.  Plaintiff claimed delayed discovery and intentional concealment in an effort to avoid the statute of limitations.  Further complicating the defense was the fact that defendant physician was retired and the plaintiff’s office chart was lost or destroyed.  Plaintiff, acting in pro per, had some legal training and was given repeated special dispensation by the Court.  However, upon presentation of a comprehensive Motion for Summary Judgment on the grounds that the claims were barred by the statute of limitations, the Court agreed even after considering plaintiff’s untimely opposition which was supported by unauthenticated documents.

August 2021