Med mal case removed by U.S. Attorney

By Steve Gonzalez | Jul 12, 2006

Acting U.S. Attorney Randy Massey removed a wrongful death suit against Memorial Hospital and several doctors to federal court because one of the named physicians is employed by the U.S. government.

On Aug. 15, 2005, John Lattina filed suit in St. Clair County Circuit Court alleging the hospital failed to properly diagnose his wife's pyelonephritis when she entered the hospital's emergency department on Feb. 14, 2004.

Deanna Lattina died three days later.

Seeking in excess of $100,000 in damages, Lattina filed a wrongful death lawsuit against the hospital and John Magner, M.D. and Kurt Kloss, M.D.

He claims he has been deprived of his wife's support, society, companionship, love and affection.

When removing the case July 12, Massey argued that since Magner was acting in the course of his deemed office or employment when the alleged medical negligence took place, the case must be heard in federal court.

According to Lattina, the following acts of professional negligence were committed:

  • failure to provide adequate treatment;
  • failure to prescribe antibiotic or other appropriate medications upon discharge; and
  • failure to properly follow-up

    Pyelonephritis is a kidney infection, usually from bacteria that has spread from the bladder.

    Lattina is represented by Gregory Shevlin of Cook, Ysursa, Bartholomew, Brauer & Shevlin of Belleville.

    The case has been assigned to District Judge Michael Reagan.

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