Judge denies plaintiff's request for new med mal trial; Madison County jurors ruled for defense in April

Madison County Circuit Judge Andreas Matoesian has denied a plaintiff’s post-judgment motion for a new trial in a medical malpractice case that resulted in a defense verdict in April.

Dr. Bruce Vest was found not negligent in a family’s case against him and Orthopedic & Sports Medicine over the loss of Tamara Kay Greco, who sought treatment from Vest for a sprained ankle injury in 2004.

Plaintiff’s attorney Gregory Fenlon of St. Louis described Greco as dying from a pulmonary embolism due to a blood clot, which developed from immobility. She was 36.

In his July 5 order, Matoesian also denied a defense request for reimbursement of attorneys’ fees.

Vest, of Alton, had sought about $50,000 in reimbursement for the cost of defending himself.

Fenlon sought a new trial, claiming testimony allowed at trial was unfairly introduced.

In a post-judgment motion for new trial, Fenlon and co-counsel David Wm. Horan say court testimony regarding un-witnessed conversations Vest and his staff had with Tamara Kay Greco before her death violated the “Dead-Man’s Act.”

The Dead Man’s Act intends to remove a temptation to testify to matters that cannot be rebutted because of the death of the only other party to the conversation or witness to the event.

The attorneys also say the defense had a “surprise witness.”

In his post trial motion, Vest sought reimbursement for court filing fees and for depositions of medical personnel and of the plaintiff James Greco, the surviving husband of Tamara Kay Greco, for a total of $3,383.

Vest also sought reimbursement of $44,642.52 in attorney’s fees. He was represented by Don Weber and Philip Willman, both of St. Louis.

Matoesian denied the defendant’s request for recovery of costs except for the deposition of one doctor in the amount of $847.50.

Matoesian also set an Aug. 2 motion hearing.

Madison County case number 11-L-140.