Congratulations to Heidi Oh, Patti Murphy and Bob Hamel, who obtained Summary Judgment on behalf of our client in a contentious case with a multi-million-dollar demand involving allegations of medical malpractice, breach of contract, conflict of interest, breach of fiduciary duty, emotional distress and 93A. This case involved a young child with an extremely rare genetic disease treated at the hospital under a compassionate use protocol. The plaintiff claimed that the hospital physician’s decision to withhold medication as a result of the child’s deteriorating condition constituted malpractice and breached the agreement she had with the hospital. Following extensive discovery, in deciding the Motion for Summary Judgment, the Court found that the treatment protocol did not constitute a contract, that the physicians and the hospital appropriately and compassionately exercised their medical judgment in treating the child, and that 93A was inapplicable under the facts of the case, granting Summary Judgment on all counts in favor of the hospital in a thorough, twelve-page decision.
