Harrison to hear dismissal moves by gynecologists in wrongful death over unborn baby

Amelia Flood Sep. 30, 2010, 6:24am

Madison County Associate Judge Clarence Harrison II will hear moves by two local obstetrician gynecologists to dismiss a woman's suit over the alleged wrongful death of her unborn child.

The hearing in the case is set for 9 a.m. on Oct. 1.

Drs. James Dalla Riva and Timothy Hulsen have moved to dismiss plaintiff Kathryn Ball's wrongful death for want of prosecution.

Ball's attorney, Donald Flack, withdrew from the case in June and the case was turned over to Harrison by Madison County Chief Judge Ann Callis earlier this month.

Ball represents herself as of Thursday morning.

Ball claims that Dalla Riva and Hulsen negligently kept her on a migraine medication that is known to cause fetal death.

Ball's baby died in her womb less than a month before its scheduled birth.

The plaintiff contends that the doctors should have known the migraine drug Propranolol causes placental problems.

The plaintiff seeks a judgment in excess of $400,000 for pain, suffering, loss of companionship, funeral expenses and medical costs.

The motions to dismiss were set for hearing Wednesday but pushed back due to the change in judge.

Another medical malpractice case against Dalla Riva and Hulsen went to trial earlier this year.

Hulsen dropped out before the end of the trial of former patient Penny Keller's case.

Dalla Riva won the verdict in the suit.

Keller had sued the doctors claiming that Dalla Riva botched an abdominal surgery, causing her to develop an intestinal condition.

Keller's suit claimed Hulsen negligently failed to monitor Keller's post-operation condition, leading to a massive infection and complications.

The case is Madison case number 09-L-088.

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