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Anderson Hospital withdraws its transfer request to Madison County in med mal suit over plastic surgery

By Heather Gvillo | Jun 2, 2015

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Anderson Hospital sought to transfer a medical malpractice lawsuit to Madison County before withdrawing its motion in an effort to maintain jurisdiction in St. Clair County for a lawsuit alleging a woman suffered injuries following plastic surgery.

Plaintiffs Mary and Wayne Lester filed their lawsuit on Jan. 28 against Dr. Ryan Diedrich and Southwestern Illinois Health Facilities, or Anderson Hospital.

According to their complaint, Mary Lester alleges Diedrich performed plastic surgery on her on Aug. 12, 2013. Lester claims she was receiving a tummy tuck and a thigh lift, meaning Diedrich removed excess skin from her body.

While Lester does not specify what went wrong during the procedure, she claims Diedrich failed to provide appropriate post-operative care, the suit states.

As a result, Mary Lester claims she experienced severe pain and suffering, endured extreme mental anguish, lost wages, endured disfigurement and incurred medical costs, the complaint states.

Wayne Lester claims he incurred medical costs and has been deprived of his wife’s love, companionship, consortium, support and services, according to the complaint.

Diederich and his practice answered the complaint on March 20 through attorneys Theodore J. MacDonald Jr. and Dawne K. Zupanci of HeplerBroom in Edwardsville, denying the allegations against them and claiming the alleged injuries are the result of “some conduct other than defendants’ conduct.”

Anderson Hospital filed a motion to transfer venue on March 6 through attorneys Jonathan Ries and Carla G. Tolbert of St. Louis, seeking to transfer the case to Madison County Circuit Court.

The hospital argued transfer is proper because all of the defendants are residents of Madison County and the alleged transactions occurred in Madison County.

However, Anderson Hospital later filed a motion to withdraw its motion to transfer venue on March 27. It said that after learning defendant Midamerica Plastic Surgery is located in St. Clair County, it now seeks to withdraw its request to transfer.

Instead, Anderson Hospital answered the complaint denying the allegations against it, arguing the plaintiff’s alleged injuries were the result of another entity’s conduct.

Circuit Judge Andrew Gleeson scheduled a motion hearing to address Anderson Hospital’s motion to withdraw transfer for June 16 at 9 a.m.

The Lesters seek a judgment of more than $425,000, plus costs.

They are represented by Samantha Unsell of Keefe and Keefe in Belleville.

St. Clair County Circuit Court case number 15-L-45

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