Circuit Court dismisses malpractice lawsuit

Staff Writer

A medical malpractice lawsuit that began in 1998 and has been on the books in Clay County Circuit Court since 2001 is being dismissed.

Peggy Anderson originally filed suit claiming doctors Brad Ward, John Griffin and Luis Pernia and provided her poor treatment and improper diagnosis. The original lawsuit did not specify any real wrongdoing by the doctors or damages Anderson suffered other than her claims.

The doctors denied any wrong doing and the case languished in court for six years before going dormant in 2007 when Anderson filed bankruptcy and her Jackson attorneys tried to withdraw from representing her.

Nothing happened with the case until this summer when Circuit Court Clerk Bob Harrell's staff filed a motion to have the case dismissed for lack of action.

Attorneys involved got in touch with Anderson and she agreed the case should be dismissed.

During a brief hearing this week, Howard agreed to drop the lawsuit.

"There's no real set time, but we try to keep an eye on cases and if nothing happens for a long time, we either check with the attorneys or file a motion ourselves to try to prompt something to happen," Harrell said. "Ten years is a pretty long time for nothing to go on."