Goodell DeVries Prevails in Motion to Dismiss in the Circuit Court for Baltimore City

By: GDLD | 5.26.22 | Case Results

Goodell DeVries partner Shannon M. Madden successfully argued on behalf of a local hospital client a Motion to Dismiss in the Circuit Court for Baltimore City, based on the plaintiff's failure to file a timely Certificate of Qualified Expert and report. In this case, the plaintiff had filed an expert report, a Certificate of Merit, and a second expert report. However, her Certificate and second report were filed belatedly pursuant to the Health Care Malpractice Claims Act. The plaintiff argued that she had good cause for the timing of her filings, and should be granted an extension, and that she should be entitled to discovery to further develop her expert's opinions.

The Circuit Court rejected those arguments, adopting Shannon's interpretation of the applicable statute as requiring dismissal given the untimely filings. This victory is significant in demonstrating that a good cause extension is not readily available to a claimant where she has missed a mandatory deadline for a Certificate of Qualified Expert.

Goodell DeVries partner Jhanelle Graham Caldwell was also a valuable part of this victorious defense team.