BALTIMORE, MD (updated) — A civil case against beleaguered interventional cardiologist Mark Midei, for which he was found liable last month, has been abruptly dismissed with prejudice. According to a search of the Baltimore County Circuit Court records, on November 1, the presiding judge granted a consent motion and order vacating the verdict against Midei and dismissed all claims against him, in this specific case.
A vacated judgment makes a previous legal judgment—in this case, the verdict against Midei—legally void. "With prejudice" means the case cannot be retried. The term is typically used in cases when there has been some kind of misconduct on the part of the plaintiff.
At the lawyer's offices for the plaintiff in the case, Glenn Weingberg, a person who asked to remain nameless would not comment on the most recent update to the court records, saying only that "the lawyers are still in court" and "the jury is still out" determining damages.
Of note, Weinberg's suit named both Midei and his former hospital, St Joseph Medical Center: only Midei, not the hospital, is mentioned in vacated verdict/dismissal with prejudice, indicating that proceedings against the hospital are still open.
As previously reported by heartwire , a Baltimore County jury found Midei liable for medical malpractice and had been in the process of deciding the damages. Weinberg had been seeking $150 million in damages, claiming he was unable to return to work following the stents he received from Midei.
Weinberg and Midei are unable to comment on the case or this recent twist in events, by a judge-imposed gag order.
A search of the same court records suggests several hundred medical malpractice cases against Midei remain "open/active."
Heartwire from Medscape © 2013 Medscape, LLC
Cite this: Big Money Case Against Mark Midei Dismissed With Prejudice: Court Records - Medscape - Nov 04, 2013.