Case ends with no trial

Follow up: Misplaced
sponge lawsuit is over

Posted on Tuesday, June 10, 2008

Back on May 4 this page carried an item about a lawsuit in which Melanie Kiefer of Ulster County was claiming that a surgical sponge was left in her body during surgery. The lawsuit named Dr. John Malfetano and Memorial Hospital in Albany. In a comment accompanying the piece it was noted that such allegations are generally considered indefensible, but that the defendants’ insurance company was nevertheless fighting the claim all the way to the courtroom, and that the trial was set to begin on Monday of this week.

The piece then said the following:

“Maybe it will be tried. But the chances are that after doing everything possible to run up the plaintiffs’ attorneys expenses and the Kiefers’ stress, the insurance carrier will settle just before details of the case would be presented in open court, where a jury could make a big award that might be reported in the media.”

The lawsuit did not go to trial. Today, the Web page of the Unified Court System reports that the case has been “disposed.’

It could not immediately be determined if there was a settlement. Further information will appear here as it is obtained.

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