Heyl Royster

Benfield and Simmons Obtain Dismissal with Prejudice for Illinois Pharmacy

Posted on June 6, 2023 at 11:00 AM by Mark Benfield, Daniel Simmons

Heyl Royster's Mark Benfield and Dan Simmons recently obtained a dismissal with prejudice on behalf of an Illinois pharmacy following nearly one year of contentious briefing and argument. The plaintiff alleged that the pharmacy failed to warn the patient and healthcare providers that the prescribed amount of medication was hazardous. After substantial motion practice, the court dismissed the plaintiff's claim against the pharmacy with prejudice.
An Associate attorney in the firm's Champaign office, Mark is a passionate advocate, having obtained numerous defense outcomes and trial verdicts. Mark has had cases successfully dismissed when the facts do not warrant a lawsuit. He has successfully facilitated fair and reasonable resolutions when the circumstances lend themselves to settlement. And when parties cannot agree, he has obtained defense and defense-favorable judgments. 
Dan Simmons is a partner working out of the firm's Springfield office. Dan's goal in all cases is to determine the client's outcome priorities and put a litigation strategy in place to achieve the desired results efficiently and economically. With 38 years of experience working out of the firm's Springfield office, Partner Dan Simmons provides Casualty and Workers' Compensation defense services in Central and West Central Illinois. Dan thrives in the complicated interplay between Casualty and Workers' Compensation, and in these cases, he is particularly well suited for litigation and settlement. 

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