Nice Spoliation Win!
Nice win in the First Department, which modified an order by denying spoliation sanctions against our client for destruction of sterilization logs, finding that “plaintiff failed to establish that the logs would have supported her medical malpractice claim, as she is required to do to establish her entitlement to sanctions.”
The Court also upheld the court’s striking as improper plaintiff’s notice to admit as to the “genuineness” of the full prescribing information of Vancocin. The Court found that plaintiff “could not have reasonably believed that there is no substantial dispute as to an admission related to the authenticity of the prescribing guidelines of Vancocin, the proper use of which has been extensively contested by the parties” and the “notice to admit appears to be an improper attempt to introduce the prescribing guidelines for Vancocin as evidence of the prevailing standard of care, since the evidence would otherwise be deemed hearsay.”
Kudos to Nick Tam for arguing the appeal, Lena Holubnyczyj for drafting the brief and Patricia Tierney-Stone for drafting the underlying motion.