The state Supreme Court has denied a woman’s bid to pursue a claim against the doctor who allegedly left a surgical sponge in her during a mastectomy, despite a lower court’s suggestion that the justices reconsider existing case law on how broadly prior civil settlements can be applied.
The Superior Court had determined last summer in Valincius v. Weiner that a settlement the plaintiff had with a hormone therapy drugmaker was broad and barred her subsequent claim under precedent outlined in the 1989 Supreme Court decision in Buttermore v. Aliquippa, which holds that the plain language of a release must be given its full effect.
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