A judge has denied University Hospitals' request to dismiss a lawsuit filed by patients in the wake of a massive fertility clinic failure this past March, sources confirm to WKYC
The hospital had claimed the case was one of malpractice under Ohio law, and since the plaintiffs filed no affidavit of merit from a medical expert, the case could not proceed.
Judge Stuart A. Friedman disagreed with that assessment, ruling that the allegations made in the lawsuit involve negligence and emotional distress, not malpractice. Therefore, an affidavit of merit is not needed.
Judge denies UH motion to dismiss by WKYC.com on Scribd
UH released the following statement to WKYC:
University Hospitals appreciates the court’s timely review of these matters. Our filings in the legal proceedings reflect Ohio law with regard to embryos and medical claims. We will continue to address the litigation based on Ohio statutes and case law. While the parties are addressing these matters in court as legal proceedings, we understand that our patients may continue to need clinical and emotional support, which we continue to offer.
Attorney Robert DiCello, whose firm represents several families, ripped the hospital for even seeking to dismiss in the first place, saying:
Let’s not forget this motion was filed two days before Mother’s Day. And so, as leaders of this litigation we are pleased that the court saw through University Hospital’s attempt to avoid responsibility for the terrible tragedy they caused to so many good families in Northeast Ohio.
Attorney Tom Merriman's law firm also represents several dozen patients, and he was equally dismayed at UH's attempt, and he applauded the judge's decision.
"It is great to see that UH’s Mother’s Day Massacre has failed," Merriman said. "These cases are about UH’s outrageous failure to keep a freezer cold. Their attempt to make these medical malpractice cases requiring medical experts was despicable.”
More than 4,000 eggs and embryos were destroyed after a cryo chamber at the clinic suffered an increase in temperature, which was apparently not noticed after someone turned off an alarm system that would have alerted hospital workers.
Roughly 950 patients were affected, and the hospital later removed its fertility clinic director.