BELLEVILLE — A Texas woman is suing her former attorney for allegedly failing to respond to a motion to dismiss in a medical malpractice suit in federal court. 

Annie Fleischer filed a complaint on Jan. 9 in the St. Clair County Circuit Court against Tommy Hastings and The Hastings Law Firm PC, alleging they negligently allowed her case to be dismissed by not complying to a court order.

According to the complaint, the plaintiff alleges the defendants were representing her in a pending case against Bayer Healthcare Pharmaceuticals Inc.. Bayer allegedly filed a motion to dismiss, and Hastings failed to respond to the motion. As a result, Fleischer's complaint was dismissed with prejudice and she lost all rights to recover from Bayer for her alleged injuries. 

The plaintiff alleges the defendants failed to respond to the motion as mandated by an order of the U.S. District Court for the Southern District of Illinois and did not terminate nor withdraw their representation of Fleischer in her case against Bayer. 

The plaintiff requests a trial by jury and seeks damages in an amount to be determined by jury, plus interest, costs and expenses and all other equitable relief as the court may deem appropriate. 

She is represented by Robert J. Pavich of Pavich Law Group PC in Chicago.

St. Clair County Circuit Court case number 18-L-15

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