Callis rules for defense in med mal case on forum issue; Good Samaritan Hospital suit goes to Jefferson County

By Amelia Flood | Feb 10, 2011


A suit brought by a woman who claims she was left paralyzed after surgery in a Mount Vernon hospital is going back to Jefferson County.

Madison County Chief Judge Ann Callis granted a defense motion filed by Good Samaritan Hospital, Dr. Waqqas Kahn and Dr. Kevin Claffey Feb. 4 asking to move the suit due to forum non conveniens.

Plaintiff E. Marlene Summers is seeking damages in excess of $150,000 and costs.

Summers claims that the doctors and hospital botched a surgery that installed a trial dorsal column stimulator in October 2008.

The device is meant to stimulate spinal nerves.

Summers claims that Khan and Claffey implanted the device but then failed to prescribe antibiotics.

That failure then led Summers to return to Good Samaritan with an infection.

The infection then allegedly led to the removal of the stimulator.
Complications then ensued that led to the plaintiff's now alleged loss of feeling in her chest, arms and lower limbs.

The defendants moved to take the suit back to Mount Vernon in December 2010.

In that motion, which all of the defendants eventually joined, the defendants highlight the residency of all the parties.

All of the parties including Summers are from Jefferson County.
The defendants also claimed that all of the care that gave rise to the suit occurred in Mount Vernon.

Callis heard arguments on the matter Friday and ruled for the defense.

Matthew Sauter represents Summers.

Jeffrey Glass represents Khan.

Edward Bott represents the hospital.

Al Pranaitis represents Claffey.

The case is Madison case number 10-L-721.

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