Discontinuace Obtained in Wrongful Death Action

Gerspach Sikoscow obtained a discontinuance on behalf of a family medicine practitioner who was alleged to have negligently prescribed an antidepressant medication to the plaintiff’s decedent. Plaintiff claimed that, while taking the medication at issue, his 32-year-old son experienced worsening depression, culminating in his suicide one month later. Prior to obtaining the discontinuance, Ms. Halford drafted the firm's motion for summary judgment, arguing that the anti-depressant which had been prescribed is not known to cause suicidal ideation in adults, that the decedent’s death was unforeseeable as a matter of law, and that his death could not be proven to have resulted from suicidal intent. Prior to oral argument on the motion, plaintiff voluntarily discontinued all claims with prejudice.