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.

SSK&S is one of the best law firms defending medical malpractice cases in upstate NY!

Diana Britton
Senior Claims Representative
Medical Liability Mutual Insurance Co.