Victoria E. Thornton and Marianne DePaulo Plant prevailed in a dispositive motion on behalf of a nursing homecare corporation on March 7, 2025. Plaintiffs alleged delay in the evaluation, diagnosis, and treatment of respiratory and gastrointestinal distress of the decedent pediatric patient. In support of their medical negligence, wrongful death and survival action claims, Plaintiffs named a nursing expert witness who conceded in deposition that she was not rendering causation testimony or ‘medical’ opinions. The defense moved for summary judgment on the basis that Plaintiffs failed to provide critical causation testimony, and failed to file a supplemental expert certificate as required by statute. Granting summary judgment in favor of the defense on all counts, the court held that causation was an essential element missing for each claim, and moreover that if summary judgment had not been entered, that dismissal would be warranted due to Plaintiffs failure to file a supplemental certificate. The trial set for June was vacated, and judgment entered for Goodell DeVries's client.
