Heather Isringhausen Gvillo May 4, 2015, 10:53am


A Belleville hospital seeks to dismiss a lawsuit alleging a patient suffered injuries while using an upright bike.

In their Dec. 17 complaint, James and Donna Shaw allege James was using an upright bike as part of Protestant Memorial Medical Center’s physical therapy services when he allegedly sustained various injuries.

James Shaw claims he suffered permanent injuries and pain, endured mental anguish and experienced disability and disfigurement. He also claims he incurred medical costs.

His wife alleges she has been deprived of her husband’s love, companionship, consortium, support and services.

The couple blames the hospital for contributing to James Shaw’s injuries, saying it negligently failed to supervise his use of the upright bike, failed to properly adjust the settings on the bike, failed to monitor his use of the bike equipment and failed to warn him of potential dangers regarding the bike equipment.

Memorial Hospital filed a motion to dismiss on March 13 through attorneys Jeffrey R. Glass and Jason K. Winslow of Hinshaw & Culbertson in Belleville.

The defendant accuses the plaintiffs of failing to comply with the Illinois Healing Art Malpractice Act, which requires their attorney to file an affidavit and health professional’s report stating that a reasonable and meritorious cause of action exists.

Memorial Hospital also claims the complaint fails to allege any facts establishing how the alleged injury occurred and a date on which it occurred, or that the defendant’s negligence caused the alleged injury.

Circuit Judge Vincent Lopinot scheduled a motion hearing for May 11 at 9 a.m.

The Shaws seek a judgment of more than $150,000, plus costs.

Attorneys Thomas Q. Keefe Jr., of Keefe and Keefe in Belleville, and Justin M. Stephens, of Stephens Kelly in St. Louis, represents the plaintiffs.

St. Clair County Circuit Court case number 14-L-806

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