The Connecticut Supreme Court simultaneously released its decisions regarding the Good Faith Statute in two cases: Bennett v. New Milford Hospital and Plante v. Charlotte Hungerford Hospital. OTY represented the defendants in the Plante case and filed an Amicus Brief on behalf of CSHRM in the Bennett case.
In Bennett, the Supreme Court affirmed the Appellate Court's ruling that a plaintiff must obtain an opinion from a "similar health care provider" prior to filing suit and that the failure to obtain an opinion from a "similar health care provider" mandated dismissal of the action.
In Plante, the Supreme Court affirmed the trial court's decision that the plaintiff was not permitted to re-file his action under Connecticut's Accidental Failure of Suit statute after the action had been dismissed due to the plaintiff's failure to comply with the Good Faith Statute. The Supreme Court agreed with the trial court that the "egregious" behavior of the plaintiff's attorney precluded resort to the Accidental Failure of Suit statute.
