Appeal at the Court of Appeals in a nursing home medical malpractice case

COLLEEN SHEA (Wilmington) and MEREDITH BERARD won an appeal at the Court of Appeals in a nursing home medical malpractice case. Due to out of state counsel for plaintiff’s egregious discovery violations and failure to properly designate her expert witnesses, Ms. Shea filed a Motion to Strike Plaintiff’s Expert Witnesses. The trial court allowed the Motion to Strike and also sanctioned counsel for plaintiff for a sum over $26,000 in costs and fees. The plaintiff then appealed the Order to the Court of Appeals. Ms. Berard submitted an outstanding brief outlining the history of the matter and vigorously argued for the lower court’s decision to be affirmed. On December 5, 2006, a unanimous panel agreed and affirmed the lower court’s sanctions.