Mudge to hear motions in suit over seizure medicine prescription

Amelia Flood Mar. 8, 2011, 7:15am


Madison County Circuit Judge William Mudge will hear motions Friday in a suit brought by two Bethalto parents who claim that his doctor gave their son drugs that did not prevent seizures that resulted in his hospitalization.

Defendants Dr. Daniel Mattson and St. Louis Neurological Institute Inc. object to a move filed by plaintiffs James and Sherry Scott that asks for more time to depose Mattson.

The hearing is set for 9 a.m. Friday.

The Scotts are suing Mattson and his practice for damages in excess of $50,000 and costs.

According to their 2010 complaint, Mattson did not evaluate their son, Bryan Scott, a disabled adult who suffered from seizures. The plaintiffs claim Mattson did not listen to their concerns and went on to prescribe medications to their son that did not stop the seizure episodes.

Bryan Scott was eventually hospitalized.

Mattson and his practice attempted to have the suit dismissed.

They argued that the case lacked a connection to Illinois because Bryan Scott's treatment took place in Missouri.

The dismissal move was denied.

The Scotts filed their first amended complaint Jan. 7.

That suit includes Rinderer's Airport Plaza Pharmacy Inc., Rinderer's Home Healthcare Pharmacy, and Shop n'Save Pharmacy as respondents in discovery.

The plaintiffs then asked Mudge for more time to depose Mattson.

In the March 4 objection to the time extension, the defendants claim that Mattson has already been deposed by the plaintiffs twice and that he was asked extensive questions related to the case in both sessions.

The defense notes that it allowed the plaintiffs more time to question Mattson during his second deposition on Jan. 28, 2011 than is allowed under Supreme Court rules.

The defense claims that Mattson's depositions have already included five hours of questioning.

"The Plaintiff's attorney has not shown any good cause that warrants a lengthier examination, and while this case should fall in the majority of depositions that can easily be concluded within three hours, Plaintiffs' attorney questions Dr. Mattson for five hours, which definitely should be sufficient," the motion reads. "Plaintiffs have had sufficient time upon which to question Dr. Mattson and they will not be prejudiced if their Motion for Extension of Time is denied."

Thomas Falb represents the plaintiffs.

J. Thaddeus Eckenrode represents the defendants.

The case was previously assigned to former Madison County Circuit Judge Daniel Stack.

The case is Madison case number 10-L-482.

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