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MADISON - ST. CLAIR RECORD

Tuesday, April 16, 2024

Med mal trial against Maryville doctors, hospital opens Monday

Ries

A medical malpractice trial involving two Maryville doctors and the owner of Anderson Hospital opened Monday with jury selection.

Plaintiff Penny Keller claims that Dr. James Dalla Riva and Dr. Thomas Hulsen were negligent and botched a laparoscopic surgery in April 2006, puncturing her intestine.

Keller is suing the two doctors, Dalla Riva's practice and Southwestern Illinois Health Facilities Inc., the owner of Anderson Hospital, where the surgery took place.

Jury selection continued as of 3 p.m. Monday. The trial continues today.

In her suit, Keller claims that she was treated by Dalla Riva and Hulsen while she was an outpatient at Anderson Hospital.

Dalla Riva performed the laparoscopy.

Keller claims Dalla Riva failed to order a bowel prep prior to the surgery, failed to properly identify her anatomy prior to cutting, failed to realize he lacerated her intestine and allowed Keller to be discharged after cutting the intestine.

Keller claims Hulsen was involved in her care following her surgery and after she developed an infection related to it.

She claims Hulsen failed to properly assess her condition, failed to consult a general surgeon in a timely manner and failed to properly diagnose her.

Keller claims to have been severely injured by the alleged negligence and that she has suffered great pain, mental anguish and that she has been unable to work while incurring large medical bills.

Her suit seeks at least $50,000 per count of the suit and costs.

Southwest Illinois Health Facilities is named as Dalla Riva's respondent superior.

Hulsen filed a counterclaim against his co-defendants asking for set-off in the event of a judgment, on June 24.

Keller is represented by Gregory Shevlin of Belleville.

Dalla Riva and his practice are represented by Richard Record of Mattoon.

Southwestern Illinois Health Facilities Inc. is represented by Jonathan Ries of St. Louis.

Hulsen is represented by Michael Pitzer of St. Louis.

Madison County Circuit Judge Andreas Matoesian presides.

The case had previously been assigned to then-Madison County Circuit Judge Nicholas Byron, who recused himself in May 2008 because his wife was under the care of one of the defendants.

The case is Madison case number 08-L-203.

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