Suit against St. Elizabeth's set for status in September

St. Clair County Circuit Judge Andrew Gleeson has set a status conference for Sept. 30 in a woman's suit against St. Elizabeth's Hospital and others that claims her sister died after doctors allegedly failed to treat a hematoma.

Judy Keeven sued the hospital, as well as Dr. Jacqueline Rickard, HSHS Medical Group, Dr. Barbara Sudholt, Southern Illinois Pulmonary Consultants and Dr. Panduranga Kini on Jan. 4.

In her complaint, Judy Keeven alleges her sister, Linette Keeven, was under the care of St. Elizabeth’s doctors on Jan. 5, 2011. Doctors at the hospital allegedly failed to order appropriate tests, failed to respond to Linette Keeven’s subdural hematoma, failed to timely diagnose the hematoma, failed to obtain a consultation with an appropriate specialist and failed to advise Judy Keeven that her sister could receive an MRI using a ventilator.

Due to the doctors’ alleged negligence, Linette Keeven died Nov. 13, 2011, according to the complaint.

St. Elizabeth’s Hospital responded to the complaint Jan. 30 by stating if the plaintiff sustained any injuries, such injuries were the result of the negligence, fault, and/or unlawful conduct of persons other than St. Elizabeth’s.

St. Elizabeth also stated the plaintiff failed to mitigate damages. Failure to mitigate damages should either bar recovery or bar the plaintiff’s recovery for damages caused by the plaintiff’s failure to mitigate, the hospital argues.

Sudholt responded to the lawsuit March 1 stating that to the extent the plaintiff sustained injury and damage by the death of Linette Keeven, it was by virtue of the plaintiff’s own comparative fault.

Rickard filed a motion to dismiss on Feb. 7.

Kini argues that the allegations in the lawsuit are not applicable to him in his Feb. 6 answer to the complaint.

J. Michael Weilmuenster and J. Brian Manion of Weilmuenster Law Group in Belleville represent Keeven.

Jeffrey Glass of Hinshaw & Culbertson in Belleville represents Sudholt and Southern Illinois Pulmonary Consultants.

Michael Nester of Donovan Rose Nester in Belleville represents St. Elizabeth’s Hospital.

James Neville of Neville, Richards & Wuller represents Kini.

St. Clair County Circuit Court case number: 13-L-9.