Harrison dismisses suit over unborn child allegedly killed by migraine medicine Inderal

Amelia Flood Oct. 27, 2010, 11:48am

Although plaintiff Kathryn Ball's medical malpractice suit against two area obstetrician gynecologists was dismissed last week, Ball may be able to keep her case going if she finds an attorney.

Madison County Associate Judge Clarence Harrison II entered the order dismissing Ball's suit against Dr. James Dalla Riva and Dr. Timothy Hulsen Oct. 22.

Ball claims the pair's care led to the death of her unborn child.

Ball claims Dalla Riva and Hulsen failed to take her off migraine medication Inderal that she has alleged caused fatal complications with her 2003 pregnancy.

Ball is seeking damages in excess of $400,000 and costs.

The defendants had moved to have Ball's 2009 suit dismissed for lack of prosecution.

Ball had lost her attorney, Donald Flack, in June and there was little progress in the case.

Harrison had been set to hear the motion in September but the date was pushed back.

According to the order, Harrison granted the defense motion. However, he stayed the order for 21 days to allow Ball to find a new lawyer.

If the appearance is made, the motion to dismiss will be reset again, Harrison's order indicates.

Harrison also denied a plaintiff's motion for extension of time.

Dalla Riva won a trial earlier this year in another medical
malpractice case brought by former patient Penny Keller.

Hulsen dropped out of that suit's trial due to a directed verdict.

Ball is currently listed as representing herself.

Paul Lynch represents Dalla Riva.

Michael Pitzer represents Hulsen.

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

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