Extension sought for discovery in malpractice suit against neurologist, St. Louis practice

By Amelia Flood | May 9, 2011


The parents of a disabled adult man who are suing a St. Louis neurologist and his practice are asking for more time to take discovery of several pharmacy owners.

Plaintiffs James and Sherry Scott filed their motion asking for an extension of discovery on May 6.

The Scotts contend that three of the four pharmacy owners they name as respondents in discovery in their suit against Dr. Daniel Mattson and St. Louis Neurological Institute Inc. have not responded to their discovery attempts despite their best efforts.

The Scotts are suing Mattson and his practice for allegedly failing to heed their concerns about their son's seizure condition and medication.

As a result, the Scotts contend that their son was eventually hospitalized.

The defendants deny the Scotts' claims.

The Scotts have named Rinderer's Airport Plaza Pharmacy Inc., Rinderer's Home Healthcare Pharmacy, Shop 'n Save Pharmacy and its owner, Supervalu Inc. as respondents in the case.

According to the May 6 motion, only Shop 'n Save's attorney, Beth Boggs, has entered an appearance in the suit.

The Scotts claim they have requested the discovery deposition of a pharmacist who has not been produced as yet and that they received compliance with a discovery request 20 days late.

Due to these issues, the plaintiffs ask Madison County Circuit Judge William Mudge to grant them an additional six months of discovery time.

The Scotts also have a sanctions move related to discovery pending at this time.

Mudge is set to hear motions in the case May 13 at 9 a.m.

Thomas Falb represents the Scotts.

John Fischesser represents Mattson and his practice.

Boggs represents Shop 'n Save.

The case is Madison case number 10-L- 482.

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