At 10:00 a.m. the Court will hear Vijay Patel v. Hill Rom Company.

Vijay Patel claims that on December 19, 2007, his father, Natwarlal Patel  fell from a VersaCare model hospital bed, manufactured by Hill-Rom, while he was a patient at Baptist Memorial Hospital – Desoto.   Patel claimed  that his father suffered brain injuries, and died on January 5, 2008, as a result of the fall.  On February 8, 2013,  Patel sued Hill-Rom asserting that the bed was defective.  Patel claims  that Hill-Rom fraudulently concealed Patel’s claims.    Hill-Rom filed a motion to dismiss based on the SOL.  The court converted it into a summary judgment motion. The plaintiff claims that there was confusion as to the hearing date and failed to show.  The trial court granted the motion and Patel appealed.

Vijay Patel’s brief

Hill-Rom’s brief

Vijay Patel’s brief

http://courts.ms.gov/Images/Orders/dc00001_live..15.CA.371.42477.0.pdf

Watch the argument here.