Attorneys Dave Johnson, Dan Margonari, and Jessica Nelson have secured the dismissal of a hospital and health system without any payment, prior to a scheduled trial, after filing a motion to preclude expert testimony and enter judgment.
The lawsuit involved an alleged delay in diagnosis of a spinal epidural abscess in the plaintiff, despite numerous hospital visits in 2015. Plaintiff, now age 42, claimed permanent injury and limitations on his ability to work. His damages were bolstered by a life care plan valued at over $1.5M and economic losses of $650,000. Plaintiff’s last settlement demand had been $1.6M.
Between May 2015 and his diagnosis in November 2016, the plaintiff had seven separate hospital visits, at two health systems.
After a motion to preclude expert testimony and to enter judgment was filed, plaintiffs’ counsel agreed to the dismissal. Thereafter, the trial was postponed, and rescheduled for later in the year against the remaining defendants.