BJC seeks dismissal from wrongful death suit

Steve Gonzalez Nov. 14, 2005, 8:30am

Attorneys for Barnes-Jewish Hospital filed a motion to dismiss or transfer a case filed by the parents of a man who allegedly died due to complications from gastric bypass surgery.

Vanessa Allen and Warren Allen, Sr. filed suit in Madison County Circuit Court Aug. 26 seeking damages under either the Missouri or Illinois wrongful death statute.

The Allens claim that Barnes-Jewish Hospital in St. Louis failed to diagnose B-12 and Thiamin deficiencies which were the cause of their son, Warren Jr.'s, difficulty ambulating and numbness in his hands and feet.

The complaint also alleges that the hospital failed to provide vitamin supplements, failed to determine the cause of dehydration, and continued him on a diuretic when he was hospitalized with dehydration.

Warren Allen Jr. was a patient at the hospital in 2003 from Sept. 18 through Sept. 20 and again from Sept. 25 through Oct. 8.

The suit also alleges that the hospital inappropriately placed Warren Jr. at Cherrywood Healthcare--an extended care center--when his condition required placement at a rehab facility.

The Allens claim they have been damaged by incurring substantial hospital, medical and funeral expenses. They also claim they have lost the love, services, companionship, comfort, training and support of their son, plus the financial support their son would have provided.

Jeffrey Lowe of St. Louis represents the Allens. BJC is represented by Paul Venker of St. Louis.

Circuit Judge Daniel Stack set a Nov. 21 hearing date.

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