Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Institutional Liability

Plaintiff v. Defendant Hospital and President/CEO of Teaching Affiliate of Hospital


Defendant Hospital


Dismissal with Prejudice


DBMS attorneys, Daniel J. Cozzi and Katie Trucco, obtained dismissal with prejudice of a plaintiff’s claims brought pursuant to the Americans with Disabilities Act against defendant hospital. Plaintiff filed suit in federal court alleging that defendants discriminated against him and violated the Americans with Disabilities Act (“ADA”), the Health Insurance Portability and Accountability Act (“HIPAA”) and the Due Process Clause of the United States Constitution. The defendants moved to dismiss plaintiff’s claims on multiple grounds.

Judge Thomas M. Durkin granted defendants’ motion, holding that plaintiff’s attempt to plead medical malpractice under the ADA was impermissible. In addition, the Court held that plaintiff’s due process claims failed because defendants were not state actors or acting under the color of state law. The Court ultimately entered judgment in favor of defendants and dismissed the case with prejudice. Plaintiff thereafter attempted to vacate the Court’s judgment by filing a series of affidavits and subsequent motions, but the Court affirmed its dismissal with prejudice.