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March 2011 Archives

Court Overrules Defendant's Objection to Offer of Compromise Filed Under New Statute

In a recent decision, Judge Maronich, of Danbury Superior Court, overruled the defendants' objection to plaintiffs' offers of compromise. See Weth v. New Fairfield Family Practice, et al., D.N. DBDCV095007125S. After the plaintiffs had filed offers of compromise, following the new procedures outlined in General Statutes § 52-192a, as amended in 2005, the defendants objected claiming that they had not been given authorizations for and/or received essentially all of plaintiff's decedent's medical records. The plaintiffs filed a reply arguing that: 1) the proper authorizations/records had been provided; 2) the plain meaning of the statute supported plaintiffs' position; 3) the legislative history supported plaintiffs' position; and 4) prior case law supported plaintiffs' position.