Infant Law
 
Elizabeth Jackman v. Swedish Health Services

Seattle, WA: Medical malpractice - failure to diagnose and address fetal distress during labor with resulting hypoxia and brain damage. The infant died eleven months after birth from an intracranial hemorrhage.

Defendant admitted liability.... More...   $5000000 (12-13-2002 - WA)

Lori and Greg Duncan v. Mercy Catholic Medical Center of Southeastern Pennsylvania, a/k/a Fitzgerald Mercy Hospital

This matter arises from an incident which occurred on October 23, 1996 at defendant's hospital, Mercy Catholic Medical Center (MCMC). On that date, plaintiff, Lori Duncan, was admitted to the hospital to deliver twins. A nurse employed by the hospital attempted to start an intravenous (IV) in [Mrs. Duncan]'s right wrist. She made two unsuccessful attempts to enter a vein, stopping when [Mrs.... More...   $0 (12-02-2002 - PA)

Mark Berberian, et al. v. Diana Lynn, et al.

Plaintiffs, Mary Berberian and her husband Emanuel Berberian,See footnote 11 filed a complaint against defendants Diana Lynn, Edmund Gernannt, and a then-unknown physician. Amended complaints added the Estate of Gernannt as a defendant after he died, and substituted Dr. M.H. Ramay, M.D., as a defendant for the unknown physician. The complaint alleged that Lynn was negligent in allowing and causing... More...   $0 (11-29-2002 - NJ)

Mary Katryn T. LePage, Administratrix (Estate of Shelby Brooke LePage), et al. v. Barbara Horne

This appeal arises from the tragic death of a seventy-five day old infant of sudden infant death syndrome (SIDS) while under the care of her day care provider. The defendant, Barbara Horne, doing business as Barbara's Child Care (Barbara's), appeals from the judgment of the trial court1, rendered after a jury trial, in favor of the plaintiff,2 Mary Katryn T. LePage, as administratrix of the... More...   $0 (11-29-2002 - CT)

Jordan v. Deery

This medical malpractice action involving a disabled child has generated three appellate court opinions, an emergency stay and hearing in the Court of Appeals, and an original action in this Court. In this ongoing litigation we hold today that Article I, Section 20 of the Indiana Constitution, which provides that “[i]n all civil cases, the right of trial by jury shall remain inviolate,... More...   $0 (11-22-2002 - IN)

Rosa Acuna, et al. v. Sheldon C. Turkish, M.D., et al.

This is a medical malpractice, informed consent case. The gravamen of the complaint, filed by plaintiff Rosa Acuna individually, and in her capacity as Administratrix of the Estate of "Michael Doe," is that defendant Dr. Sheldon C. Turkish (defendant), a medical doctor specializing in the field of obstetrics and gynecology, failed to obtain an informed consent from plaintiff before terminating her... More...   $0 (10-30-2002 - NJ)

Progressive Insurance v. Harger

Progressive Insurance Company ("Progressive") appeals the trial court's partial denial of Progressive's motion for default judgment against Norman Harger. See footnote Progressive raises two issues, which we restate as:

Whether the trial court abused its discretion by making findings contrary to the allegations of Progressive's complaint after Harger defaulted; and

Whether the trial cour... More...   $0 (10-25-2002 - IN)

Machester School District v. Margaret "Peggy" Crisman, et al.

Kimberli, now fourteen years old, is a developmentally delayed child. Since the age of seven months she has lived at the Brock Home, a state licensed home for children located in Pittsfield, New Hampshire. Because the home for children where Kimberli lives is located within the Pittsfield School District, she attends school there (2); and because of her disabilities she receives special education ... More...   $0 (09-27-2002 - NH)

Erin Manhardt, et al. v. Shameem Tamton, M.D., et al.

The appellant, Erin Manhardt, individually and as next friend and parent of Christopher Manhardt, a minor, brought this medical malpractice action against the appellees, Shameem Tamton, M.D., Christopher's pediatrician; Susan W. Short Pediatrics, P.A., Dr. Tamton's employer; Naples Community Hospital, Inc., the employer of the nurses who cared for Christopher immediately following his birth; a... More...   $0 (09-04-2002 - FL)

Delisha Kemp and Debra Wright v. State of New Jersey, et al.

In this appeal we consider whether plaintiffs' expert's opinion, determined by the trial court to be scientifically unreliable, properly was excluded from evidence. Plaintiffs, Delisha Kemp (Delisha), a minor, by her mother and guardian, Debra Wright (Debra), and Debra Wright individually, appeal from the judgment of the Appellate Division affirming the trial court's grant of summary judgment dism... More...   $0 (08-22-2002 - NJ)

Ryan Bennett Lodato, et al. v. Kenneth Kappy, M.D.

This is a wrongful birth case resulting in a finding of no cause for action against defendant Kenneth Kappy, M.D. Because we conclude that the trial judge, among other trial errors, erred in instructing the jury on the issue of medical judgment, we reverse and remand for a new trial. However, since a new trial is required on all issues including damages, the primary issue that we address is whe... More...   $293750 (08-09-2002 - NJ)

Bailey Boyer, a minor, by and through is parents Craig and Jennifer Boyer vs. Fredericka Heller, M.D. and The Reading Hospital and Medical Center

LAW FIRM OF SHRAGER, SPIVEY & SACHS OBTAINS JURY VERDICT ON BEHALF OF MINOR PLAINTIFF WITH BRACHIAL PLEXUS $2,289,856.00. Late in the evening on August 5, 2002, a Berks County, Pennsylvania jury awarded an infant and his parents $2,289,856.00 against the Reading Hospital and Medical Center and Fredericka Heller, M.D., in a medical malpractice case involving issues surrounding the labor and deli... More...   $2289856 (08-06-2002 - PA)

In the Matter of Baby Girl L. S.C., Appellee v. J. L., Defendant and D. M. and B.M. Putative Adoptive Parents, Appellants.

This is a custody dispute between a married couple desiring to adopt, who have had custody of an infant child since a month after her birth, and the child's unmarried natural father, who has sought custody during that time. The adoption failed by reason of (1) the father's refusal to consent (the natural mother originally gave her consent) and (2) in an earlier appellate case relating to this c... More...   $0 (08-01-2002 - OK)

Lori Teska v. Jessie Rasmussen

Lori Teska sued Jessie Rasmussen and Mary Kay Renken, in their individual and official capacities, claiming that they violated her civil rights by recommending the termination of her parental rights without making accommodations for her mental limitations. Teska also sued Rasmussen and Renken under various other theories including negligence, negligent infliction of emotional distress, and reck... More...   $0 (07-11-2002 - IA)

Gene Jense, et al. v. Sherree Foley, et al.

Agents from the Illinois Department of Children and Family Services ("DCFS"), along with local law enforcement officers, took infant Kayla Jensen ("Kayla") into protective custody without a warrant and without granting parents Gene Jensen ("Jensen") and Kim Stark a pre-deprivation hearing. A state court determined that probable cause existed to believe that Kayla was at risk of immediate har... More...   $0 (07-08-2002 - IL)

the Matter of Baby Girl L.

1 This is a custody dispute between a married couple desiring to adopt, who have had custody of an infant child since a month after her birth, and the child's unmarried natural father, who has sought custody during that time. The adoption failed by reason of (1) the father's refusal to consent (the natural mother originally gave her consent) and (2) in an earlier appellate case relating to this... More...   $0 (07-01-2002 - OK)

Edwin Sterling v. Johns Hopkins Hospital

Appellants were plaintiffs in two medical malpractice actions that were filed against defendants in the Circuit Courts for Baltimore City and Wicomico County. The complaints alleged negligence against Peninsula Regional Medical Center (PRMC), Floyd Gray, M.D., a doctor with PRMC, and the Johns Hopkins Medical Center for malpractice in the diagnosis and treatment of complications surrounding ... More...   $0 (07-01-2002 - MD)

Suzanne Bynum v. Cigna Healthcare of North Carolina

Suzanne Bynum initiated this ERISA civil action in the District of South Carolina against CIGNA Healthcare of North Carolina, Incorporated ("CIGNA"), maintaining that CIGNA had improperly denied her infant daughter's claim for health benefits for treatment of a skull deformity. The district court reversed CIGNA's decision and awarded the benefits sought by Ms. Bynum's daughter. CIGNA has appea... More...   $0 (06-24-2002 - SC)

Victor Johnson v. Monica Rodriguez, et al.

Appellant Victor Johnson of Arizona, putative father of a child born out of wedlock and subsequently adopted by a married couple, filed a complaint in the district court against the biological mother, the adoptive parents and The Adoption Center of Choice. He contended that the Utah Adoption Statue, as applied to him, violated the Due Process Clause of the Fourteenth Amendment. Utah Code Ann. §§ 7... More...   $0 (06-19-2002 - UT)

Jermaine Worrell Plummer, &c., et al. v. New York City Health and Hospitals Corporation

On this appeal, plaintiffs ask this Court to extend the continuous treatment doctrine from a single physician or related physicians to continuous treatment by an institution. Because the course of the infant's treatment was not truly continuous, we reverse without reaching the question of whether continuous treatment by an institution is a cognizable theory excusing the untimely filing of a notice... More...   $0 (06-11-2002 - NY)

Dunkle v. Sacred Heart Hospital

Medical malpractice - failure to provide proper and necessary care for infant child.... More...   $24750000 (05-27-2002 - PA)

Michael Parrella, et al. v. Dr. Kathleen Cote Bowling, et al.

In this medical malpractice and negligence action, the plaintiffs, Michael Parrella and Donna Ann Parrella, individually and as parents of the plaintiff Michael Anthony Parrella, a minor, appeal from the entry of Superior Court final judgments in favor of the defendants, Dr. Kathleen Cote Bowling and Women & Infants Hospital of Rhode Island. For the reasons hereinafter set out, we deny their a... More...   $0 (05-16-2002 - RI)

Ande v. Rock

2. C.E.A. was born to Linda and Charles Ande on July13, 1993. There was then ongoing a cystic fibrosis research project which had begun in 1985. Philip Farrell and Norman Fost were the co-investigators. To test for the presence of factors indicative of cystic fibrosis, the study used excess blood that had been drawn from all newborns to conduct statutorily required tests for the presence of other ... More...   $0 (05-16-2002 - WI)

Thomas v. Citizens Memorial Hospital

This case involved an infant who had been beaten and the doctor neglected to report the abuse.... More...   $2000000 (05-15-2002 - MO)

Walter Das v. Suresh R. Thani, M.D.

This is an obstetrical medical malpractice case in which the defendant treating physician relies on the medical judgment rule. Defendant Dr. Suresh R. Thani chose to assess fetal movement by asking the mother-to-be to count the number of times she felt the fetus kick, a technique referred to as maternal fetal monitoring, rather than by using modern ultrasound, electronic fetal monitoring and bioph... More...   $0 (05-13-2002 - NJ)

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