Lopinot sets deadlines in woman's med-mal case against area neurologist

Christina Stueve Apr. 20, 2012, 6:28am


St. Clair County Associate Judge Vincent Lopinot on April 16 set deadlines for expert depositions on both sides of a lawsuit accusing a Belleville neurologist of failing to recognize a growing cut on a Madison County woman's brain.

Defendant Dr. Stephen Burger denies allegations in the suit filed last May.

Ted Dennis of Freeark, Harvey & Mendillo in Belleville represents Burger.

Plaintiff Lisa Quick claims Burger failed to appreciate the significance of a one-centimeter lesion adjacent to her right carotid siphon.

Quick, represented by Rex Carr, alleges the lesion doubled in size in nearly a year's time.

Because of the growing brain tissue, Quick alleges she developed injuries to her brain and her brain stem. She claims she suffers from double vision, headaches and memory loss. In addition, she says she suffered disability and permanent pain, incurred medical costs and lost wages, and enjoyment of life, according to her complaint.

She says Burger negligently failed to refer her to a neurosurgeon in a timely manner to treat the lesion.

In his affirmative defenses filed March 13, Burger claims the plaintiff had a duty to exercise care for her own health, and that she did not comply with follow-up care, which caused her injuries.

Burger and co-defendant RG Welch Neurology Consultant & Associates want the plaintiff's second amended complaint to be dismissed at her cost, or have the award be reduced by the percent of Quick's contributory negligence.

Burger also denies that he failed to report to the plaintiff a lesion which showed up on an MRI, but admits that he did not report that to Dr. Gerald Wankum, an Alton ophthalmologist.

In her complaint, Quick is seeking a judgment of more than $50,000, plus costs.

Lopinot's order sets the following:

- Depositions of the plaintiff's experts to be taken by Oct. 1.

- Defendants' experts to be disclosed by Nov. 1.

- Depositions of the defendants' experts to be taken by Dec. 1.

- Discovery to be completed by Dec. 1.

Lopiniot set the case for trial in February 2013. He has set a status conference for Dec. 17.

St. Clair County Circuit Court case number: 11-L-248.

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