Nurses move for summary judgment in '03 wrongful death suit

Amelia Flood Jul. 29, 2010, 8:28am


Two nurses who are defendants in a 2003 wrongful death suit are asking for summary judgment just days before the case is set for trial.

Madison County Circuit Judge Andreas Matoesian is set to hear the summary judgment move at 10 a.m. Aug. 6 according to his calendar.

Plaintiff Margaret Boehler, as special administrator of the estate of Marilee Midden, is suing Dr. Rebekka Christie, nurses Sally Day and Helen Long as well as Alton Memorial Hospital for the alleged wrongful death of Midden at age 70.

The case is currently set for trial at 9 a.m. Aug. 16, one of two medical malpractice cases set for trial before Matoesian that day.

In the suit, Boehler claims that Christie and the other defendants failed to properly obtain a medical history, perform necessary procedures and failed to acquire informed consent when Midden was brought to the Alton hospital in October 2002.

Midden subsequently died from a heart problem.

The suit seeks damages of at least $50,000 a count and costs on claims of wrongful death and survival action.

The defendants deny the claims.

The case went to mediation in July 2008.

Mediator James Mendillo reported July 28 of that year that the cause could not be resolved outside of court.

Alton Memorial, Day and Long have filed claims for set-off against Christie in the event of a settlement.

Christie has a claim for set-off pending as well.

Day and Long moved for summary judgment July 15.

In the motion, they claim that the plaintiff's 2009 third amended complaint abandons nearly all the allegations specific to them.

They claim that the plaintiff has no expert witnesses to support the claims that the nurses did not properly know the transfer times at issue in the case and that their actions were proper.

They cite disclosures by the plaintiff's two nursing experts that confirm, that as nurses, Day and Long would not be qualified to enter medical opinions about cause of death or they did not have a duty to advise the emergency room doctors about highly technical treatments.

The plaintiff is represented by John Womick.

Dede Zupanci represents Day and Long.

The hospital is represented by Lisa Franke.

Therese Drew represents Christie.

Another defendant in the suit, Dr. Christopher Green was dropped from the case without prejudice in November 2007.

The case is Madison case number 03-L-2038.

More News