Callis grants second move by defendants to dismiss suit over post-birth complications

Amelia Flood Jun. 28, 2010, 6:15am


Madison County Chief Judge Ann Callis granted a second round of motions to dismiss a woman's lawsuit over alleged negligence by a doctor and hospital that resulted in post-delivery complications including an inability to bear more children.

Then presiding-judge Madison County Circuit Judge Daniel Stack granted the first round of motions to dismiss filed by defendants Dr. Catherine Wikoff and Alton Memorial Hospital in November 2009.

Callis has allowed the plaintiffs time to file a third amended complaint, but cautioned them that she wanted to see the defects corrected.

Callis heard arguments from the parties during her regular motion docket Friday morning.

Plaintiffs Stephanie and Eugene Davenport are suing Wikoff and the hospital on claims under the Family Expense Act and other grounds.

The plaintiffs claim that while in labor with her second child three years ago, Stephanie's treating physician, Wikoff, stepped out into the hall with a hospital staffer who was assisting.

The plaintiffs claim that the she then heard a heated argument before the pair returned to complete the labor with the aid of a KIWI vacuum device.

Following her child's birth, Stephanie Davenport claims that she suffered from vaginal pain, incontinence, became addicted to pain killers that were prescribed to treat the complaints and that she was forced to undergo surgery to rebuild her pelvic floor.

The plaintiffs allege they have been unable to have a sexual relationship as they had before the incident.

The plaintiffs allege that their normal lives have been disrupted and that due to the complications, they are unable to have more children.

Eugene Davenport claims loss of consortium and injury to spouse.
The plaintiffs seek damages in excess of $50,000 and other relief.

The defendants moved to dismiss the first complaint arguing the plaintiffs failed to set forth clear causes of actions and used tentative language in their complaint.

Stack allowed the plaintiffs 30 days to re-file the complaint following the Nov. 25, 2009 order granting the dismissal motions.
Callis took over the cases in December.

The defendants again moved to dismiss the suits, arguing that the report of the medical professional in support of the suit was defective.

Wikoff and Alton also argued that there were overlapping paragraphs and theories as well as a lack of clearly stated causes of action.

After brief arguments, Callis granted both moves to dismiss, again giving the Davenports 30 days to re-file.

"No complaint is perfect," Callis told the plaintiffs' side, explaining her reasons for granting the dismissal motions.

She told the plaintiffs' attorneys to work the issues out before filing the third complaint, considering that two previous ones had been thrown out.

The plaintiffs are represented by Morgan Scroggins.

Alton is represented by Daniel Farroll.

Wikoff is represented by Jeffrey Glass.

The case is Madison case number 09-L-1022.

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