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Missing A Critical Statute of LImitations

What happens when a family hires a law firm to sue a physician for medical malpractice only to have the law firm miss a critical filing deadline?

Attorney reaches settlement in Putnam malpractice case stemming from a missed deadline

November 18, 2013, By Kyla Asbury, http://wvrecord.com/

WINFIELD – An attorney who reached a settlement has been dismissed from a lawsuit against Armada, Rogers & Thompson for alleged legal malpractice.

Frank M. Armada; J. Robert Rogers; William D. Thompson; and the law firm of Armada, Rogers & Thompson were all named as defendants in the suit.

On Oct. 31, a dismissal order was filed in Putnam Circuit Court, dismissing Rogers, individually and as an alleged partner in Armada, Rogers & Thompson and as a former member of Armada, Rogers & Thompson PLLC from the suit.

The plaintiffs entered into a confidential settlement agreement Rogers and, while the terms and conditions of the settlement are confidential, the parties are fully satisfied that the resolution of this case meets the criteria of a “good faith” settlement, according to the dismissal order.

The lawsuit was filed Dec. 8, 2011, in Putnam Circuit Court. In the complaint, Roger Spencer and Mary Spencer alleged that the defendants missed the statute of limitations on filing a lawsuit against John King, a former osteopathic physician at Putnam General Hospital.

The Spencers claimed they approached the defendants sometime prior to January 2005 about filing a suit against King for his mistreatment of Roger Spencer in 2003.

Armada filed the suit against King and Putnam General on Oct. 24, 2006, and one year later, Circuit Judge O.C. Spaulding dismissed the suit on the grounds it was filed past the two-year statute of limitations when King’s alleged malpractice took place.

The Spencers claimed as a result of Armada’s, Rogers’ or Thompson’s negligence and carelessness, they were unable to recoup damages they incurred from King’s alleged malpractice.

They were seeking unspecified damages, attorneys fees and court costs. They were represented by Bruce Freeman of Freeman & Chiartis.

Rogers was represented by Michael J. Farrell and Tamela J. White of Farrell, White & Legg PLLC. Thompson was represented by James D. McQueen Jr. and Amanda Davis of McQueen Davis PLLC. Armada was represented by Timothy N. Barber and A. Andrew MacQueen.

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