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Med Mal News
Attorney Must Pay for Delays
Judge Gary Sharpe of the U.S. District Court for the Northern District of New York has told an attorney representing a medical malpractice/wrongful death plaintiff that he alone ' and not his client ' must pay the sanctions imposed for his failure to timely respond to opposing counsel's discovery demands. Plaintiff attorney Jonathan Fairbanks blamed personal problems for his professional lapses over the course of several months, which had led the federal government to move for dismissal of the claims the medical malpractice plaintiff raised in Toborg. v. United States, 1:11-CV-150. Although the judge decided that this would be too harsh a sanction to place on a blameless plaintiff, he also concluded that it was clear the government had, or soon would, suffer financial harm as a result of Fairbanks' disregard for the discovery schedule. Accordingly, attorney Fairbanks was ordered to reimburse the government for the expenses it has or will incur as a result of his conduct, and he cannot seek to recoup that amount from his client.
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