Defendants in 8-year-old med mal case get trial continued after objecting to late disclosure tripling damages

An eight-year-old medical malpractice suit against Michael Mandis, M.D. and Tibor Kopjas, M.D. that had been set for trial Dec. 8 has been continued.

Madison County Circuit Judge William Mudge wrote in a Dec. 8 order that defendants objected to an “allegedly tardy disclosure” of medical specials which have nearly tripled the amount of damages sought by plaintiff Stacey Luber.

Luber, represented by Colleen Jones of St. Louis and Stephanie Brauer of Belleville, is administrator of the estate of Frederick Simon. Luber accuses the doctors of negligently and carelessly failing to properly evaluate Simon’s intravenous site before discharging him from AndersonHospital on March 18, 2005.

Luber also claims the defendants failed to timely and properly diagnose and treat Simon’s IV site infection before discharging him and failed to timely and properly diagnose and treat him for bacterial sepsis.

Paul Malcharek, M.D., Natalie Redmond, PA-C and AndersonHospital had previously been dismissed from the suit.

“Defendants claim the late disclosure causes substantial prejudice in the evaluation of the claim, preparation for trial, and the potential for conflict between the defendant individuals and their insurance carriers,” Mudge wrote. “They seek to bar these additional specials or a continuance.”

He granted the continuance and reset jury trial to April 20, 2015. Final pre-trial is set for April 16, 2015.

Mandis is represented by Ted Dennis of Belleville.

Kopjas is represented by James Neville of Belleville.

Madison County case number 06-L-661.