DeFrancesco Wins Another Nice Motion

Chris DeFrancesco obtained dismissal of a medical malpractice suit in Washington County against a fertility clinic where the plaintiff alleged she suffered ovarian hyperstimulation syndrome following egg retrieval.   Chris brought a motion to dismiss and the court found plaintiff failed to demonstrate a justifiable excuse for failing to timely resume discovery following service of a 90-day demand for the resumption of prosecution.  The court further held plaintiff failed to timely serve a certificate of merit or otherwise submit expert proof demonstrating a meritorious cause of action and dismissed plaintiff’s action in its entirety.