Doctor files for court costs in second trial of medical malpractice case

Amelia Flood Sep. 13, 2010, 2:15am


The doctor who has won two medical malpractice suits over the alleged misdiagnosis of a woman's cancerous mole is asking the court to award him nearly $9,000 in court costs.

Meanwhile, the plaintiff in the case, Douglas Storm, as executor of his wife, Maria Storm's estate, is seeking a third trial in the suit against Dr. Patrick Zimmermann and his Collinsville practice.

Madison County Circuit Judge Barbara Crowder, who oversaw both the previous trials, will hear both the fees and new trial motion Sept. 29 at 1:30 p.m.

Douglas Storm and his wife sued Zimmermann in 2003, claiming he failed to properly diagnose and test a mole he removed from Maria Storm's back in 1999.

Maria Storm was later diagnosed with advanced melanoma and died from the disease in 2005.

The suit sought more than $200,000 in damages and other relief.

The suit's first trial in 2007 ended in a victory for Zimmermann.

That verdict was thrown out and a new trial ordered after it came to light that a juror had lied during voir dire.

The appellate court upheld the new trial order and sent the case back to Edwardsville last year.

The suit's second trial took place in July.

After more than a week of testimony, the jury found for Zimmermann again.

Plaintiff's attorney Rex Carr then filed a motion seeking a third trial Aug. 27.

In that motion, Carr claims that his opponent, Ted Dennis, intentionally violated a motion in limine and that the violation unfairly influenced the jury.

The defense has not responded as yet to Carr's new trial motion.

In the costs motion filed Sept. 9, Zimmermann claims that he is entitled to reimbursement of his court costs under the law.

Those costs total $8,961.84.

The case is one of the last civil suits Crowder oversees.

Her civil docket was transferred to Madison County Circuit Judge Daniel Stack last month. Crowder assumed Stack's former role heading the county's packed asbestos docket.

Michael Murphy represents Zimmermann's medical practice.

Troy Walton also represents Douglas Storm.

The case is Madison case number 03-L-999.

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