DHD Partner Rachel Schwartz Secures Defense Verdict in Covid-19 Case
After securing a directed verdict at the end of Plaintiff’s case for claims of intentional wrongdoing against all parties and a dismissal of the negligent treatment claims under the Covid Immunity statute against the doctor and nurse, Rachel Schwartz secured a defense verdict on behalf of the medical practice following a 9-day jury trial in Union County on the sole remaining claim for negligent disclosure of medical records. The jury returned a unanimous 8-0 defense verdict after less than 25 minutes of deliberation.
Plaintiff, a firefighter, presented to the defendant medical practitioners in April 2020, with Covid symptoms and tested positive for the virus. Despite the active symptoms following a Covid test, Plaintiff returned to work in violation of fire department guidelines. Plaintiff denied Covid symptoms. The fire department requested copies of the Covid test results and the medical practice staff provided both the medical records of the visit as well as the Covid-19 test results, which revealed both active Covid symptoms and a positive test result. Plaintiff was disciplined for returning to work with active Covid symptoms and claimed he was forced to retire. Plaintiff filed suit against defendants alleging that the defendants inaccurately recorded his complaints to include multiple, severe Covid symptoms (which he contended did not exist) and improperly disclosed medical records.
Through both cross examination and affirmative evidence, Ms. Schwartz presented a persuasive defense of a lack of any basis for the claims of intentional conduct. After the close of the Plaintiff’s case, the Court found there was no evidence to support the claims of intentional wrongdoing and granted a directed verdict on the intentional torts. Following dismissal of the intentional tort claims, the Court then ruled that the New Jersey Covid Immunity barred any claims for negligent treatment and dismissed the claims that the defendants had inaccurately recorded Plaintiffs’ symptoms. The jury returned a unanimous defense verdict on the sole remaining claim that the group defendant had negligently disclosed medical records.
This case presented unique Covid Immunity issues, requiring Ms. Schwartz to distinguish between medical treatment and non-treatment conduct and to make a persuasive defense that established there was not a scintilla of evidence to support Plaintiffs’ allegations of intentional conduct.
Amelia R. Lyte, an associate with Dughi, Hewit & Domalewski, P.C., provided invaluable support to Ms. Schwartz throughout the trial.
