FBMJ Partner Sarah Cherry recently obtained a dismissal of a medical malpractice and ordinary negligence case on behalf of one of her hospital clients.

The case involves a patient’s admission to the hospital during the early days of the COVID-19 pandemic. During the hospital admission, the patient was transferred to the non-COVID-19 ICU. During his stay in the ICU, the patient was assaulted by another patient.

Sarah initially filed a motion for summary disposition in lieu of an Answer as the Hospital’s first responsive pleadings. The trial court granted the motion for summary disposition and dismissed the case based on the COVID-19 immunity statute and executive order. The Court of Appeals was unable to determine the connection between the Hospital’s response to the pandemic and the assault. The Court of Appeals overturned the dismissal and remanded the case back to the trial court for further proceedings.

The parties then proceeded through discovery and the evidence showed that the patient was only in the same room as the other patient due to the Hospital’s response to the COVID-19 pandemic. Sarah re-filed the motion for summary disposition based on the COVID-19 immunity and it was granted, again, by the trial court and the case was dismissed in its entirety.

Sarah is a trial attorney with the Firm, and she recently obtained a no cause on behalf of the same client in another matter. Sarah works hard on behalf of her clients through the discovery process to be able to file strong summary disposition motions with a goal of getting cases dismissed.