Sommer Luzynczyk and Kayla Condeni win dismissal with prejudice
Sommer Luzynczyk and Kayla Condeni win dismissal with prejudice based on lack of standing in a putative class action lawsuit against the estate of a deceased physician. The lawsuit brought in the Circuit Court of Cook County alleged a pattern of conduct extending back 29+ years and involved the alleged failure to administer routine childhood vaccinations and falsification of medical records. Kayla Condeni and Sommer Luzynczyk argued that the representative plaintiff did not have standing to bring claims for medical negligence. Kayla and Sommer argued that there was no injury-in-fact sufficient to confer standing because the plaintiff failed to allege they had contracted any disease for which they believed they were vaccinated, or any other real tangible injury. The court agreed and found that expenses and alleged pain and suffering incurred for testing and re-vaccination were insufficient to confer standing.