Plaintiff, a 56 year old male, claimed that his Primary Care Physician prescribed a combination of medications for his complaints of cough and fatigue from the flu which caused him to suffer a syncopal episode and a fall. Ms. Haskins secured an expert opinion supporting the standard of care and an alternate theory on causation of plaintiff’s syncopal episode. A mediation effort was unsuccessful. An MSJ was filed and plaintiff opposed with an expert designation. Extensive oral argument was entertained by the Court after which, the matter was taken under submission as the Court withdrew its tentative ruling to deny the MSJ. The parties, through informal negotiation between counsel, reached a settlement before the Court issued a final ruling on the MSJ as desired by the physician client.
March 2023