Notes of Decisions
Estella McClellan v. Jeffrey E. Haddock, 2017 VT 13, 166 A.3d 579.
· cites it 20× “About two years after the enactment of 12 V.S.A. § 1042, the Agency of Administration submitted a follow-up report to the Legislature “to assess the impact these medical liability laws have had on the state of medical malpractice in Vermont.”
Michael Quinlan v. Five-Town Health All., Inc., 2018 VT 53, 192 A.3d 390.
· cites it 10× “The trial court dismissed the first action because plaintiff failed to file the certificate of merit required by 12 V.S.A. § 1042 with his complaint, and dismissed the second action as untimely.”
Renee Bittner v. Centurion of Vermont, LLC, 2021 VT 73, 215 VT 475.
· cites it 6× “Defendant Sutton noted 1 For reasons discussed below, we rely only on the allegations in plaintiff’s initial complaint in evaluating whether dismissal is appropriate for failure to satisfy the requirements of 12 V.S.A. § 1042. 2 that Mr. Bittner reported positive suicidal…”
Joseph v. Dartmouth-Hitchcock Clinic, No. 28 (Vt. Super. Ct. Oct. 21, 2016).
· cites it 12× “This motion requires the Court to address the interplay between the statutory provisions of the Vermont certificate of merit statute, 12 V.S.A. § 1042, and the statute of limitations set for a medical malpractice action, 12 V.”
Carter v. Menard, No. 562-9-16 Wncv (Vt. Super. Ct. Mar. 1, 2019).
· cites it 4× “12 V.S.A. § 1042. Section 1042(a) bars civil actions based on the negligence of a health care provider (other than informed consent claims) absent a certification that the plaintiff consulted with a medical expert who described the applicable standard of care and concluded that…”
Serisky v. Rinehart, No. 24-cv-467 (Vt. Super. Ct. Oct. 31, 2024).
· cites it 4× “rious groups of defendants contend that the complaint was deficient because (1) Plaintiffs initially filed suit in their capacity as parents and next friends, and causes of action that survive the death of the person injured must be pursued by the executor or administrator of…”
white v. brereton, No. 23-cv-3438 (Vt. Super. Ct. Jan. 2, 2024).
· cites it 3× “Defendants have moved to dismiss arguing that Plaintiffs complaint is not supported by the mandatory certificate of merit required by 12 V.S.A. § 1042(a). Plaintiff counters that the Defendants committed medical malpractice by mistreating his elbow bursitis that had progressed…”
Couture v. Holt, No. 282-3-17 Cncv (Vt. Super. Ct. Oct. 27, 2017).
· cites it 3× “Holt moves to dismiss on the grounds that Couture failed to submit a certificate of merit as required by 12 V.S.A. § 1042, and that Couture has further failed to allege proximate causation.”
Frierson v. United States, No. 5:17-cv-00247 (D. Vt. June 25, 2019).
· cites it 3× “) Although the original complaint was accompanied by a certificate of merit in conformance with 12 V.S.A. § 1042 (Doc. 1-2), the First Amended Complaint does not include a certificate of merit.”
Schedler v. Vt Health Sys., No. 25-cv-1827 (Vt. Super. Ct. Sept. 16, 2025).
· cites it 3× “Defendants have moved to dismiss arguing that Plaintiff's complaint is not properly supported by the mandatory certificate of merit required by 12 V.S.A. § 1042(a). Plaintiff counters that she appended a proper certificate of merit to her complaint.”
McClellan v. Haddock, 204 VT 252 (Vt. Super. Ct. 2015).
· cites it 5× “12 V.S.A. § 1042 requires that the attorney file a “certificate of merit” at the time the complaint is filed.”
Buell v. Vermont Dep't of Corr., No. 177-3-15 Wncv (Vt. Super. Ct. June 28, 2017).
· cites it 2× “12 V.S.A. § 1042. Section 1042(a) bars civil actions based on the negligence of a health care provider (other than informed consent claims) absent a certification that the plaintiff consulted with a medical expert who described the applicable standard of care and concluded that…”
Vt. Stat. Ann. tit. 12, § 1042(a): 14 cases
Estella McClellan v. Jeffrey E. Haddock, 2017 VT 13, 166 A.3d 579.
“About two years after the enactment of 12 V.S.A. § 1042, the Agency of Administration submitted a follow-up report to the Legislature “to assess the impact these medical liability laws have had on the state of medical malpractice in Vermont.”
Michael Quinlan v. Five-Town Health All., Inc., 2018 VT 53, 192 A.3d 390.
“The trial court dismissed the first action because plaintiff failed to file the certificate of merit required by 12 V.S.A. § 1042 with his complaint, and dismissed the second action as untimely.”
Renee Bittner v. Centurion of Vermont, LLC, 2021 VT 73, 215 VT 475.
“Defendant Sutton noted 1 For reasons discussed below, we rely only on the allegations in plaintiff’s initial complaint in evaluating whether dismissal is appropriate for failure to satisfy the requirements of 12 V.S.A. § 1042. 2 that Mr. Bittner reported positive suicidal…”
white v. brereton, No. 23-cv-3438 (Vt. Super. Ct. Jan. 2, 2024).
“Defendants have moved to dismiss arguing that Plaintiffs complaint is not supported by the mandatory certificate of merit required by 12 V.S.A. § 1042(a). Plaintiff counters that the Defendants committed medical malpractice by mistreating his elbow bursitis that had progressed…”
Carter v. Menard, No. 562-9-16 Wncv (Vt. Super. Ct. Mar. 1, 2019).
“12 V.S.A. § 1042. Section 1042(a) bars civil actions based on the negligence of a health care provider (other than informed consent claims) absent a certification that the plaintiff consulted with a medical expert who described the applicable standard of care and concluded that…”
Vt. Stat. Ann. tit. 12, § 1042(d): 4 cases
Estella McClellan v. Jeffrey E. Haddock, 2017 VT 13, 166 A.3d 579.
“About two years after the enactment of 12 V.S.A. § 1042, the Agency of Administration submitted a follow-up report to the Legislature “to assess the impact these medical liability laws have had on the state of medical malpractice in Vermont.”
Michael Quinlan v. Five-Town Health All., Inc., 2018 VT 53, 192 A.3d 390.
“The trial court dismissed the first action because plaintiff failed to file the certificate of merit required by 12 V.S.A. § 1042 with his complaint, and dismissed the second action as untimely.”
Joseph v. Dartmouth-Hitchcock Clinic, No. 28 (Vt. Super. Ct. Oct. 21, 2016).
“This motion requires the Court to address the interplay between the statutory provisions of the Vermont certificate of merit statute, 12 V.S.A. § 1042, and the statute of limitations set for a medical malpractice action, 12 V.”
McClellan v. Haddock, 204 VT 252 (Vt. Super. Ct. 2015).
“12 V.S.A. § 1042 requires that the attorney file a “certificate of merit” at the time the complaint is filed.”
Vt. Stat. Ann. tit. 12, § 1042(e): 9 cases
Estella McClellan v. Jeffrey E. Haddock, 2017 VT 13, 166 A.3d 579.
“About two years after the enactment of 12 V.S.A. § 1042, the Agency of Administration submitted a follow-up report to the Legislature “to assess the impact these medical liability laws have had on the state of medical malpractice in Vermont.”
Michael Quinlan v. Five-Town Health All., Inc., 2018 VT 53, 192 A.3d 390.
“The trial court dismissed the first action because plaintiff failed to file the certificate of merit required by 12 V.S.A. § 1042 with his complaint, and dismissed the second action as untimely.”
Renee Bittner v. Centurion of Vermont, LLC, 2021 VT 73, 215 VT 475.
“Defendant Sutton noted 1 For reasons discussed below, we rely only on the allegations in plaintiff’s initial complaint in evaluating whether dismissal is appropriate for failure to satisfy the requirements of 12 V.S.A. § 1042. 2 that Mr. Bittner reported positive suicidal…”
white v. brereton, No. 23-cv-3438 (Vt. Super. Ct. Jan. 2, 2024).
“Defendants have moved to dismiss arguing that Plaintiffs complaint is not supported by the mandatory certificate of merit required by 12 V.S.A. § 1042(a). Plaintiff counters that the Defendants committed medical malpractice by mistreating his elbow bursitis that had progressed…”
Buell v. Vermont Dep't of Corr., No. 177-3-15 Wncv (Vt. Super. Ct. June 28, 2017).
“12 V.S.A. § 1042. Section 1042(a) bars civil actions based on the negligence of a health care provider (other than informed consent claims) absent a certification that the plaintiff consulted with a medical expert who described the applicable standard of care and concluded that…”
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