Madison - St. Clair Record

Sunday, September 22, 2019

Medical center blames decedent’s negligence in fatal intrauterine device procedure

By Heather Gvillo | Jun 2, 2015

| Shutterstock

A medical center accused in a wrongful death action alleging it botched an intrauterine device procedure accuses the decedent of negligently contributing to her own injuries.

Plaintiff Lindsay Cumback, individually and as special administrator of the estate of Ellis Cumback, filed the four-count complaint against Memorial Medical Group, LLC, and Sarah Pringle, CNP, pursuant to the Illinois Wrongful Death Statute on Oct. 29.

According to the complaint, the decedent died on July 1 as a result of a botched intrauterine device insertion procedure.

Cumback accuses the defendants of negligently failing to exclude pregnancy prior to the insertion of an intrauterine device; failing to insert an intrauterine device during the first seven days of the menstrual cycle and inserting the device in a patient with a bacterial and fungal infection.

As a result of the defendant’s alleged actions, the decedent’s next of kin have been permanently deprived of her love, companionship, society, consortium and support, the suit states.

Cumback also claims she sustained damage after incurring and becoming liable for large sums of money in hospital, medical and related expenses for her daughter. She also suffers permanent pain, suffering, disability and disfigurement, the complaint states.

The plaintiff added Protestant Memorial Medical Center, Inc. as a defendant in her first amended complaint.

The defendant denied the allegations and asserted three affirmative defenses against the plaintiff on May 11, claiming any alleged injuries were the result of the plaintiff’s own negligence.

Pringle and O.B. Practice answered the amended complaint on May 8 through attorney James E. Neville and Derek J. Siegel of Neville Richards & Wuller in Belleville, denying the allegations against them.

Cumback voluntarily dismissed Memorial Medical Group without prejudice and with leave to reinstate on April 10.

The plaintiff seeks a judgment of more than $75,000 for each count, plus costs.

Circuit Judge Andrew Gleeson scheduled a status conference for July 17 at 9 a.m.

Cumback is represented by Samantha Unsell of Keefe & Keefe in Belleville.

Protestant Memorial Medical Center is represented by Michael J. Nester of Donovan Rose Nester of Belleville.

James Neville and Derek Siegel of Neville, Richards & Wuller LLC in Belleville represents Pringle.

St. Clair County Circuit Court case number 14-L-715

Want to get notified whenever we write about Neville, Richards & Wuller ?

Sign-up Next time we write about Neville, Richards & Wuller, we'll email you a link to the story. You may edit your settings or unsubscribe at any time.

Organizations in this Story

Neville, Richards & Wuller

More News