New attorney named in Alton doctor med mal case

By Christina Stueve Hodges | Dec 3, 2012

Don Weber

Attorney Don Weber announced his representation of defendants Bruce Vest and Orthopedic & Sports Medicine Clinic on Nov. 14 after attorney Philip Wilman withdrew from the case.

Bruce Vest and Orthopedic & Sports Medicine are defendants in a wrongful death lawsuit filed by plaintiff James Greco, administrator of the estate of Tamara Kay Greco, a 36-year-old mother of three. Greco died one week after visiting Orthopedic & Sports Medicine Clinic on April 30, 2004. She went to the clinic after twisting her left ankle and foot.

Her left ankle had two prior fractures and a sprain. She was on birth control and was five feet four and weighed 230 pounds at the time of her visit.

Vest, through attorney Philip Wilman, filed a motion to quash discovery of corporate representatives of Orthopedic & Sports Medicine Clinic, Nov. 7, in response to a notice of deposition sought by the plaintiff.

The plaintiff seeks testimony about the scheduling of Greco’s appointments in 2004, her medical file, office visits, and Greco’s x-rays. The plaintiff also seeks names, addresses and current employment of the defendant’s employees from April and May of 2004.

The defense contends the notice of deposition should be quashed, saying that attempts to redepose Vest should again be denied given a previous order denying the plaintiff’s request. They claim a redeposition would result in duplicative information and information not likely to lead to admissible evidence.

“This notice of deposition is harassing and merely constitutes legal maneuvering to circumvent this Court’s order,” Wilman wrote.

On Oct. 11, attorney plaintiff attorney Gregory Fenlon wrote Madison County Circuit Judge Andreas Matoesian a letter, requesting a Feb. 11 trial date, after an Oct. 9 trial date was continued.

Fenlon, Burton Newman, and David Perney and David Wm. Horan, all of St. Louis, represent the plaintiff.

Jennifer Betz of Moser & Marsalek also represents the defense.

Madison County Case number 11-L-140.

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