Defendants in wrongful death lawsuit deny allegations, demand a jury trial

The defendants in a suit accusing them of failing to adequately treat a patient, causing her to die from anemia, have denied the allegations against them and demanded a jury trial.

Gary Bauer, next-of-kin for Rosemary Bauer, filed the lawsuit on July 22, claiming Dr. Nidal Shawahin failed to timely evaluate Rosemary on Sept. 13, 2012.

According to the complaint, Shawahin could not determine why Rosemary had a sudden fainting spell, which caused her to fall off the couch. He also allegedly failed to treat the origin of her anemia, a condition characterized by a lack of healthy red blood cells.

The condition, which leads to an inability to carry oxygen to tissues, resulted in Rosemary  Sep. 17, 2012 death, the suit asserts.

The complaint also accuses Dr. Lundy Colvert of Protestant Memorial Medical Center, doing business as Memorial Hospital, of failing to properly evaluate Rosemary’s condition.

The suit also names Shawahin’s employer, Memorial Medical Group, as a defendant.

All of the defendants denied the allegations against them in court documents filed earlier this month.

Memorial Hospital and Colver filed affirmative defenses, claiming Bauer failed to state a valid claim against them. They allege that the injuries and damages sustained were a result of negligence of someone other than them or of the patient herself, and requested Memorial Hospital and Colver’s liability be reduced completely or in part.

Lastly, the defendants argue that if a verdict is reached against them, they are “entitled to an offset of any settlement amounts received by the plaintiffs for the damages alleged in the complaint.”

Bauer responded to Colvert and Memorial Hospital’s affirmative defenses on Sep. 9, denying all allegations and requesting the court to strike the affirmative defenses.

In addition, Memorial Hospital filed a motion to obtain confidential protected health information on Sep. 12.

It requested the court to allow its attorneys to receive and review Rosemary's complete medical chart in order to adequately respond to discovery requests. The medical chart consists of confidential health information protected under the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and as such, the hospital requested that any confidential records be filed under seal.

Memorial Hospital also requested a protective order that would prohibit all parties from using and disclosing the confidential health information provided for any purpose outside of the lawsuit and require all parties to return or destroy the confidential records immediately following the end of litigation.

St. Clair County Circuit Judge Andrew Gleeson granted the motion, requiring Memorial Hospital to provide the confidential health records.

Because the records are of a highly sensitive and confidential nature, Gleeson prohibited attorneys from using or disclosing the information for any purpose other than the litigation and ordered them to destroy it at the end of the litigation.

Bauer's suit seeks a judgment of more than $200,000.

Gleeson scheduled a mandatory status conference for 9 a.m. Oct. 14.

Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer & Shevlin Ltd. in Belleville represents Bauer.

Donald K. Shoemaker and Laura C. Oberkfell of Greensfelder, Hemker & Gale P.C. in Belleville represents Colvert and Memorial Hospital.

Ransom P. Wuller of Freeark, Harvey & Mendillo P.C. of Belleville represent Shawahin and Memorial Medical Group.

St. Clair County Circuit Court case number 13-L-378