Peter Espey (Of Counsel-Madison, NJ) and Brianna Cyr (Associate-Madison, NJ) secured a favorable result for Wilson Elser’s clients, a doctor and a surgery center, in the U.S. District Court, District of New Jersey, successfully opposing the plaintiff’s motion to amend the complaint and preserving their dismissal from the case.
 
The medical malpractice action arose from treatment provided to a patient who later developed a very dangerous orthopedic condition. The plaintiff alleged she suffered a permanent loss of feeling in her extremity and other significant complications, despite subsequently undergoing major surgery to address them. Earlier in the litigation, Wilson Elser’s clients were dismissed following a summary judgment motion won by Maxwell Billek (Partner- Madison, NJ) and Melissa Terranova (Associate-Madison, NJ), in which they successfully argued that the plaintiff failed to timely serve the required affidavit of merit against them. The plaintiff later sought to resurrect those claims against our clients by moving to amend the complaint to assert new allegations. If plaintiff’s motion had been granted, the case would have begun anew against our clients. Peter and Brianna argued that the plaintiff’s motion to amend should be denied, and the court agreed; the case remains dismissed in favor of our clients.