Senior partner Daniel Freidlin and Associate Jacqueline Wild obtained a discontinuance just prior to jury selection in a case involving a 12 year old girl who suffered a severe stroke secondary to tuberculosis meningitis. The plaintiff claimed that the child was misdiagnosed with viral meningitis over the course of two admissions to our client hospital as well as several outpatient visits to the codefendant private pediatrician.
Following discovery, MCB moved for partial summary judgment dismissing all allegations of direct liability for the hospital staff. In addition to the significant treatment decisions were made by the private pediatrician, we submitted the affirmation of a board certified pediatric infectious disease specialist who supported our position that the diagnosis of viral meningitis was reasonable based on the cerebrospinal fluid analysis, the child’s rapid improvement without treatment and no apparent exposures to tuberculosis. It was acknowledged that the hospital was vicariously liable for the treatment rendered by its employed but separately insured codefendant pediatric infectious disease attending. After our motion for partial summary judgment was granted, the case proceeded on the trial calendar through jury selection at which point settlement negotiations among the parties began. On behalf of the hospital, we argued that there was no legal basis for any contribution until the primary and excess limits of both codefendants was tendered. After days of negotiations, a multi-million dollar settlement was agreed upon. Despite potential exposure in the eight figures, MCB’s client paid zero and received a stipulation of discontinuance.