Defendants named in a medical malpractice lawsuit alleging a man suffered from a perforated bowel have denied the claims against them and demanded a trial by jury.
According to the complaint filed Oct. 1, Robbin and Pauletta Foltz claims an esophageal stent that was placed inside Robbin Foltz had moved within his body, resulting in a perforated bowel.
The Foltzes blame defendants St. Mary’s Good Samaritan Hospital and Drs. Scott Roustio and Tom Martin for causing Robbin Foltz’s injuries and for failing to diagnose the migrated stent.
Defendant St. Mary’s Hospital of Centralia responded to the complaint on Nov. 7 through attorney Daniel R. Price of Wham & Wham Attorneys in Centralia.
Defendant Scott Roustio responded to the complaint on Nov. 12 through attorney Ted Harvey of Freeark, Harvey & Mendillo in Belleville.
Defendants Tom Martin, M.D. and Tom Martin, M.D., S.C. responded to the complaint on Nov. 8 through attorneys Theodore J. MacDonald and Dawne K. Zupanci of HeplerBroom in Edwardsville.
Martin filed three affirmative defenses arguing that the couple failed to mitigate their alleged damages. The defendants also requested a reduction, credit or set-off for any settlement money received by the plaintiffs in the event that the defendants are held liable.
Martin argues, “The alleged injuries sustained by plaintiffs in this case, if any, were not directly or proximately caused by any act or omission of defendants,” the affirmative defenses state, “but were the result of some conduct other than defendant’s conduct, which conduct was the sole proximate cause of plaintiffs’ alleged injuries or damages.”
The plaintiffs, represented by Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville, refuted the affirmative defenses on Nov. 15.
The plaintiffs seek a judgment of more than $400,000.
Madison County Circuit Court case number 13-L-505