Lawsuit alleging doctor failed to timely diagnose diabetes removed to federal court

Heather Isringhausen Gvillo Sep. 8, 2015, 8:18am


A woman’s medical malpractice lawsuit alleging an Illinois doctor failed to diagnose and treat her diabetes in a timely manner has been removed to federal court.

Sherri Johnson filed her lawsuit on June 5 against Jowe Y. Hsieh and Southern Illinois Healthcare Foundation.

According to the complaint, Johnson fought medical treatment from Hsieh as her primary care physician from September 2007 to June 2013. Around that same period of time, the plaintiff allegedly exhibited symptoms of impaired glucose tolerance.

Hsieh is accused of failing to properly apply his medical knowledge and skills in determining the cause of Johnson’s symptoms and thus timely diagnosing her medical condition of diabetes, the suit states.

Johnson claims her doctor’s negligence led to substantial pain in both her arms and legs, and risk of infection in her lower extremities, which could result in amputation.

On Aug. 18, the United States of America filed a notice of removal to the U.S. District Court for the Southern District of Illinois through attorneys Stephen R. Wigginton, United States Attorney for the Southern District of Illinois, and David J. Pfeffer, Assistant United States Attorney. The notice was filed on behalf of defendants Dr. Jowe Y. Hsieh and Southern Illinois Healthcare Foundation, Inc.

Wigginton and Pfeffer argue that “Southern Illinois Healthcare Foundation was a deemed federal entity of the United States of America and that Dr. Hsieh was acting within the scope of his deemed employment as an employee of the United States Public Health Service,” which they claim makes removal proper.

Johnson seeks damages in excess of $30,000.

She is represented by Robert M. Miller of William M. Wunderlich & Associates in Missouri.

Madison County Circuit Court case number 15-L-731

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