Harrison to hear move to dismiss suit against gynecologists over child who died in the womb

Amelia Flood Oct. 14, 2010, 4:08am

Madison County Associate Judge Clarence Harrison II is once again set to hear moves by two area obstetrician-gynecologists to throw out a woman's suit over the death of her child a month prior to its delivery date.

Plaintiff Kathryn Ball is suing Dr. James Dalla Riva and Dr. Timothy Hulsen for more than $400,000 and costs.

Ball claims that the two committed medical malpractice when they kept her on a migraine drug known for causing fetal death.

The two doctors filed their moves to dismiss the suit in May citing want of prosecution.

The hearing is set for Oct. 22 at 8:30 a.m.

The hearing had been scheduled last month but was pushed back.

According to her complaint, Ball became pregnant in 2003.

She was taking the migraine drug Inderal.

The plaintiff claims Dalla Riva and Hulsen kept her on the drug without warning her of its potential to harm her unborn child.

That child died in March 2004 just under a month before Ball's expected due date.

Ball's attorney Donald Flack withdrew from the case in June.

No other attorney has filed an appearance for Ball since then although she was given 45 days to find new representation.

Ball is currently listed as representing herself.

Paul Lynch represents Dalla Riva.

Michael Pitzer represents Hulsen.

Dalla Riva and Hulsen were both at the defendant's table earlier this year in another trial brought by former patient Penny Keller.

In that suit, Keller claimed that Dalla Riva injured her small intestine and Hulsen failed to monitor and properly diagnose a post-operative infection.

Hulsen received a directed verdict in the case.

Dalla Riva won a jury verdict.

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

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