The Connecticut Supreme Court upheld the denial of dismissal of a medical malpractice lawsuit against UCONN Health Center/John Dempsey Hospital after the plaintiff reached a $2 million settlement with CVS Pharmacy in connection with a man’s death…law.com, Med-Mal Claims Against UCONN Hospital Not Barred by $2 Million CVS Settlement,
tate Supreme Court Says, Allison Dunn, Mar 2022
James Caverly died while under the medical care of the employees of the John Dempsey Hospital at the University of Connecticut Health Center. Plaintiff, administrator of the decedent’s estate, brought a medical malpractice action against the State.The State filed a motion to dismiss the action, arguing that because Plaintiff had received a settlement payment from a joint tortfeasor in connection with the decedent’s death. The trial court denied the motion, concluding that section 4-160b(a) applies only to subrogated or assigned claims and not to payments made by joint tortfeasors. The Supreme Court affirmed, holding that the trial court properly denied the State’s motion to dismiss.