The Murphy Firm

The Firm represented an internationally well known and respected pharmaceutical and medical products manufacturer in a lawsuit where plaintiff alleged that client’s medical product failed to properly perform during shoulder surgery, thus requiring plaintiff to have additional multiple surgeries, with the additional pain and suffering being experienced as a result. The statute of limitations was a potential issue.

To seek dismissal of the lawsuit as quickly and as cost effective as possible, without the need to expend legal fees or reach the merits of the case.

The Firm’s investigation and research showed that the summons and complaint was served on the wrong corporation, and that the wrong entity was named.  The corporation who may have had liability was not named as a defendant.

The Firm developed a successful strategy to only attack the improper service of the summons and complaint in a motion to dismiss, without alerting the plaintiff to the fact that the wrong entity was named as a defendant. The statute of limitations continued to run. The motion to dismiss was successful, and the case was dismissed months later. By that time, the statute of limitations had run, and it was too late for plaintiff to re-file the summons, even after he realized that he had not named the proper defendant.  The client was able to avoid defending the lawsuit on the merits after spending minimum legal fees.