A medical malpractice and wrongful death suit against an Edwardsville nursing home and local hospital over the treatment provided to a woman with pressure sores may be over.

However, a settlement conference in the case brought by plaintiff John Vieth on behalf of the estate of Edith Vieth, could be pushed off from Thursday due to an on-going trial.

John Vieth sued Christian Hospital Northeast-Northwest, Rosewood Care Center Inc. of Edwardsville and two staff members in 2007, alleging that the defendants allowed Edith Vieth to develop pressure sores and failed to monitor and care for the sores in 2006.

Details of any possible settlement are not available in the case file as yet.

Madison County Circuit Judge David Hylla had been to preside over the 1:30 p.m. settlement conference.

However, the judge is currently presiding over the trial of a dram shop suit against Roper's Regal Beagle. That trial opened Tuesday with jury selection.

Vieth's suit seeks damages in excess of $50,000 and costs on claims of negligence, violations of the Nursing Home Care Act, wrongful death, and the Family Expense Act.

The defendants had tried unsuccessfully to have the suit dismissed.
Both the hospital and nursing home had filed counterclaims for set-off in the case.

A non-party, Ellen Miller, became involved in the suit after a discovery deposition.

Miller was one of the nurses caring for Edith Vieth.

John Vieth filed seeking sanctions and a protective order related to Miller.

According to his response to her opposition of the move filed in June, Miller's attorney Gregory Minana attempted to take control of Miller's deposition and obstructed the setting by making objections on the record.

The motion for sanctions against Minana's law firm, Husch Blackwell Sanders and Miller, was later denied.

Hylla served as the mediator in the Vieth suit as well.

The parties filed a notice of hearing Aug. 23 indicating that all parties would be present at the Sept. 9 settlement hearing.

The case had originally been assigned to Madison County Circuit Judge Barbara Crowder.

Thomas Falb represents the plaintiff.

Dennis McCubbin and Christie Eckhardt represent Rosewood.

Christian Willenborg represents the hospital.

The case is Madison case number 07-L-887.

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