Nurse accused in intrauterine device procedure suit seeks dismissal

By Heather Isringhausen Gvillo | Feb 10, 2015

A certified nurse practitioner accused in a wrongful death action alleging a botched intrauterine device procedure seeks to dismiss the claim citing an insufficient physician report.

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.

Pringle filed a motion to dismiss the complaint on Dec. 15, claiming Cumback failed to file a written report from a treating physician confirming that there is a reasonable and meritorious cause of action.

“The written report must provide the reasons why insertion of an intrauterine device under the circumstances of this case constitutes negligence,” the motion states.

However, Pringle argues that the report provided by the plaintiffs “merely concludes that defendant was negligent by rendering care a certain way. The report does not provide sufficient details that clearly describe the bases and reasons for the author’s conclusions.”

In other words, the defendant argues that if the report asserts that a nurse practitioner should have known that the intrauterine device would cause the plaintiff harm, then the report should clearly state bases for the conclusion, or it should explain why the defendant was negligent for inserting the intrauterine device.

Memorial Medical Group answered the complaint on Dec. 16 denying the allegations. It argues that any alleged injuries were the result of a third party which it had no control over and the result of the plaintiffs’ own negligence.

Pringle answered the complaint on Jan. 26 also denying the allegations.

Circuit Judge Andrew Gleeson scheduled a status conference for March 2 at 9 a.m.

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

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

Michael Nester of Donovan Rose Nester in Belleville represents Memorial Medical Group. It requests a jury trial.

Samantha S. Unsell of Keefe & Keefe, P.C., in Belleville represents the plaintiff.

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

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