Blake and Loiterman Persist to Secure Dismissal with Prejudice

Jenny Blake (partner) and Jonathan Loiterman (associate) recently won a motion to reconsider and secured a dismissal with prejudice for Advocate Christ Medical Center for a case involving failure to properly diagnose Hodgkin’s Lymphoma. The plaintiff alleged the hospital, through its alleged agents, failed to properly diagnose and treat Hodgkin’s Lymphoma for a period of several years. Although the time to file the case elapsed, the plaintiff claimed the continuous course of negligent treatment doctrine as well as the relation back doctrine as exceptions to the statutes of limitations and repose. The presiding judge initially denied Advocate’s motion to dismiss based on the statutes of limitations and repose.  Ms. Blake and Mr. Loiterman filed several motions to reconsider and eventually succeeded in convincing the judge to reverse herself on this issue.  Advocate has now been dismissed with prejudice at the pleading phase, and the plaintiff will not appeal the decision.