Background:
- The lawsuit centers on Dr. Pollack's use of Injectable Grade Liquid Silicone (IGLS) for lip augmentation, alleged to be unapproved and of unknown composition, resulting in claims of medical negligence and battery.
Key Issues:
- Whether the delay in proceeding with the case was inordinate and inexcusable.
- If such delay resulted in a substantial risk that a fair trial would not be possible, considering potential prejudice to the defendant.
Court’s Analysis and Decision:
- The court determined the delay of 21 years since the case's inception was inordinate and inexcusable, without a valid explanation for significant periods of inactivity.
- A strong presumption of prejudice to Dr. Pollack existed, not rebutted by the plaintiff, especially since essential evidence (the IGLS Sample) had been lost.
- The court found actual prejudice to Dr. Pollack's defense, given the inability to test the lost IGLS Sample to challenge the claims made against him.
Outcome:
- The class action was dismissed due to the inordinate and inexcusable delay and the resultant prejudice to the defendant, highlighting the importance of diligent case progression and the adverse effects of extended delays on the fairness of the trial??.
- No specific amount of costs or award was mentioned in the decision
