Order: McGarvin, John et al vs. Steward Health Care System et al

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                                Date Filed 4/30/2024 6:45 PM.
Superior Court - Worcester
Docket Number 1885CV01613

                                               E-FILED
                                                  COMMONWEALTH            OF MASSACHUSETTS

                    WORCESTER, SS:                                                             SUPERIOR COURT
                                                                                               NO: 1885CV01613 Q
                    JOHN MCGARVIN, Individually and
                    In his capacity as Personal Representative
                    of the Estate of AVARD MCGARVIN,
                    and CAROL BRADLEE,              Individually and
                    in her capacity as Personal Representative
                    of the Estate of AVARD MCGARVIN
                            Plaintiffs,

                    VS.

                    NASHOBA VALLEY MEDICAL CENTER,
                    A Steward Family Hospital, Inc.;
                    STEWARD HEALTH CARE SYSTEM, LLC;
                    STEPHEN L. SIMPSON, M.D., P.C.;
                    AMJAD HUSAIN, M.D.;
                    JOSE GUTIERREZ-MATA, M.D;
                    JON DOE and JANE DOE.
                    Defendants.




                                                                                                                              YA
                    PLAINTIFF’S EMERGENCY MOTION TO COMPEL OR, IN THE ALTERNATIVE,
                                     FOR CONTINUANCE OF TRIAL DATE               :


                                Now come the Plaintiffs and respectfully moves this Court to compel Defendants,
                   Nashoba Valley Medical Center and Steward Health Care System, LLC., to produce the identity
                   of the IV PCA pumps used in the treatment of Plaintiff Decedent, Avard McGarvin, during her
                   treatment on October 7, 2015-October 21, 2015 and/or to continue the trial of this matter

                   scheduled for May 17, 2024 to a date thereafter that is available to the Court, the parties and their
                   witnesses. The within Motion has been filed as an Emergency Motion as trial in this matter is
                   scheduled to begin May 20, 2024, with jury selection set for May 17, 2024. The motion seeks
                   critical discovery regarding evidence only recently disclosed on February 22, 2024. Plaintiffs had
                   sought to obtain this discovery by request on multiple occasions immediately thereafter;
                   defendants denial and refusal to respond to Plaintiffs request did not come until April 14, 2024.

                                Plaintiffs’ counsel contacted defense counsel prior to filing the instant motion to confer.
                   On Monday,             fl 29, counsel conferred with counsel for Nashoba Valley Medical Center/
                   Steward.          that time, counsel represented that he believed that Defendant NVMC/Steward
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