Cervical Fusion Case Dismissed With Prejudice After Counter-Claim And Affirmative Defense For Fraud Filed Against Plaintiff
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In a likely fraud case, Stacy Fulco’s investigation revealed that the plaintiff was lying about her past medical history. She claimed a significant injury to her neck following a fall that required a cervical fusion. Stacy discovered that the plaintiff’s past medical history was filled with prior neck problems and recommended surgery. The motion judge denied a motion for sanctions and advised this issue would go to weight at trial. Stacy then filed an affirmative defense and counter-claim based on fraud/misrepresentation. The plaintiff immediately agreed to drop the entire case with prejudice if we agreed to dismiss the counter-claim so the case was dismissed.
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