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Verdicts
CT Will Not Recognize a Foreign Object Exception to Statute of Repose
The Connecticut Appellate Court recently held that that state's courts are not permitted to recognize a foreign object exception to the statute of repose in Connecticut General Statutes ' 52-584. Cefaratti v. Aranow, 154 Conn. App. 1 (12/9/14).
On Dec. 8, 2003, Dr. Jonathan Aranow performed gastric bypass surgery on Lisa Cefaratti and then continued to monitor her. Cefaratti was later diagnosed with breast cancer, at which time a CT scan revealed there was a foreign object in her abdominal cavity. On Sept. 9, 2009, Dr. Aranow informed Cefaratti that the foreign object was a surgical sponge. On Aug. 5, 2010, Cefaratti brought this action against Aranow, Shoreline Surgical Associates, P.C. and Middlesex Hospital. The trial court granted summary judgment to the defendants. The plaintiff appealed, claiming, inter alia , that the court improperly failed to recognize a foreign object exception to the statute of repose.
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