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Jan 31, 2020

Dismissal of hospital and physician clients in opioid death case by dispositive motion

In this medical negligence/wrongful death suit involving allegations that a patient died in the hospital from an opioid pain medication overdose, the trial court granted judgment on the pleadings in our clients' favor in plaintiff’s re-filed suit on grounds that the savings statute did not apply because the plaintiff died during the pendency of the original suit, and no proper plaintiff was substituted. The new plaintiff appealed this judgment and also attempted to revive the original suit, which also wound up in the appellate court, neither of which was successful.  Ultimately, plaintiff dismissed both appeals with no payment on behalf of any defendant.