Family Suit for Decedent's Asthma Attack Survives Motion to Dismiss
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Accident & Injury Personal Injury Lawsuit & Dispute Lawsuit
Summary: Blog post about a family suing a company that provided emergency services to their child who died from an asthma attack under their care.
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Defendants city and emergency medical rescue company filed motions to strike portions of plaintiffs executrix and children's complaint, which sought damages on multiple grounds for the death of the decedent.
The decedent died after suffering an asthma attack. The company provided emergency medical assistance. After a life support ambulance arrived on the scene and determined that the decedent had no respiration and pulse, a call was made for the company's paramedic unit. The executrix and children sued the city and the company alleging negligence, wanton and reckless misconduct, gross negligence, loss of chance, bystander emotional distress, and a violation of the Connecticut Unfair Trade Practices Act (CUTPA). Because the negligence claims alleged malpractice by the healthcare provider, and the executrix and children failed to file a good faith certificate as required by Conn. Gen. Prac. Book, R. Super. Ct. § 10-39, the negligence claims were stricken. The claims asserting recklessness were stricken, because the facts alleged in the recklessness and negligence counts were identical and essentially alleged only negligence. The loss of chance claim based on negligence was sufficiently set forth, and the motion to strike was denied. The bystander emotional distress claim was stricken, as such a claim was untenable where it alleged medical malpractice. The company's motion to strike was granted. The city's motion to strike was granted in part and denied in part.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Torres v. Am. Med. Response of Conn., 2001 Conn. Super. LEXIS 2580 (September 6, 2001)
