Federal judge dismisses med-mal claim against firm client
BOSTON (April 12, 2010) – Partner Tamara Smith Holtslag and Associate Joshua B. Walls recently persuaded a federal court judge in Massachusetts to dismiss a medical malpractice lawsuit against their client after the plaintiff failed to complete service of process more than one year after filing the complaint.
In dismissing the complaint against the firm’s client, U.S. District Court Judge Richard G. Stearns noted that the plaintiff had received numerous extensions to complete service. Court rules require service of process within 90 days of filing a complaint.
The firm’s client is a medical doctor who resides in Ireland. International service of process is governed by the Hague Service Convention. The plaintiff’s attorneys failed to comply with the treaty rules, and twice attempted improper service.
“The plaintiff’s counsel had ample time to learn of the requirement of serving the summons and complaint under the Hague Convention, and to comply with those rules,” said Smith. “The court was more than patient, having given substantial leeway to complete service. The judge essentially said enough is enough.”
About Taylor Duane
Taylor Duane is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm in 2008 and 2009 as one of Rhode Island’s Best Places to Work.
