Plaintiff moves for more time in wrongful death suit against Alton Memorial

Amelia Flood Aug. 6, 2010, 7:00am

The plaintiff in a wrongful death suit stemming from the alleged heart attack death of an elderly woman has asked for more time to respond to a summary judgment plea filed by two nurses named as defendants in the case.

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

The summary judgment move came just weeks before the case is set for an Aug. 16 trial.

The plaintiff claims the doctors, nurses and hospital failed to properly treat Midden when she came in with a heart condition and then made mistakes in transferring her and in her care that led to her death.

The suit was filed seven years ago.

The two nurses have moved for summary judgment, arguing that they were not in a position to make care decisions or advise doctors as to Midden's treatment.

The Aug. 4 move for more time comes as Madison County Circuit Judge Andreas Matoesian had been set to hear the moves tomorrow according to his calendar.

In the Aug. 4 motion, Boehler asks for time in order to review the deposition of an expert and to interview another nurse whose role in the case was recently disclosed by the defense.

The plaintiff asks the judge to move the hearing to Aug. 13.

A motion to quash would also be moved to the Aug. 13 hearing if Matoesian grants the request.

The case had gone through an unsuccessful mediation in July 2008.

Another defendant in the suit, Dr. Christopher Green, has been dropped from the case.

The plaintiff is represented by John Womick.

The nurses are represented by Dede Zupanci.

Therese Drew represents Christie.

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

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