Matoesian sets Oct. 9 trial date in med mal case stemming from '04 death

Christina Stueve Hodges Aug. 3, 2012, 6:54am



Madison County Circuit Judge Andreas Matoesian has set an Oct. 9 trial date in a wrongful death lawsuit arising from the death of Tamara Greco who died May 7, 2004 from a pulmonary embolism caused by a deep venous thrombosis that developed from an ankle injury.

Matoesian also ordered the plaintiff, Tamara Greco's husband James Greco, to arrange for the deposition of their witness on Aug. 30 or Sept. 6, or to have the parties agree to a continuance.

James Greco and his three children are suing Dr. Bruce Vest and Orthopedics and Sports Medicine Clinic, the medical provider for Tamara Greco's ankle injury.

The lawsuit was originally filed in April 2006. It advanced through discovery for four years with a trial date scheduled for March 2010.

The plaintiffs, however, dismissed the case in February 2010, and refiled it a year later.

On July 13, the plaintiffs filed a motion to compel production of x-rays from Vest and the clinic.

Matoesian on Aug. 3 denied the plaintiff's motion to compel, based upon the defendants' representation that they have never had the x-rays, since the x-rays remained at the hospital.

Matoesian also ordered the defendants to produce their experts after the plaintiffs' expert is deposed.

The defense has said that any injuries Greco sustained were her own fault, and that she also failed to mitigate her own damages. The defense also stated that any injuries sustained by Greco were the fault of someone other than Dr. Vest and his Orthopedic & Sports Medicine Clinic.

Philip L. Willman and Jennifer Betz of St. Louis represent the defense.

David William Horan of Horan Law, and Burton Newman and David Perney of Burton Newman, all of St. Louis, represent the plaintiffs.

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