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Medical group and doctor seek to dismiss suit claiming their negligence led to advanced stage of cancer

By Heather Isringhausen Gvillo | Aug 4, 2015

Fairview Medical Group and one of its physicians seek to dismiss a former patient’s lawsuit alleging insufficient care led to an advanced stage of vocal cord cancer.

Robert and Suzanne Keeney filed a lawsuit on May 27 against Fairview Medical Group and Dr. Phillip Chu.

In the complaint, Robert Keeney claims that from 2010 until 2012 Chu and Fairview Medical Group were responsible for providing medical care and treatment to Keeney. During that time, Keeney claims he made repeated complaints of hoarseness. However, the plaintiff alleges the defendants failed to refer him to a medical specialist for a throat biopsy and failed to diagnose a tumor on his left vocal cord in a timely manner.

As a result, Keeney claims all of these factors caused his cancer to progress to an advanced stage and caused permanent damage to his left vocal cord.

The defendants filed a motion to dismiss the complaint on June 26 through attorneys Richard B. Korn and Michael E. Donelson of Fox Galvin LLC in St. Louis.

They argue that the plaintiffs failed to attach a required report of a reviewing healthcare professional, making dismissal proper.

The plaintiffs filed a motion to enter an affidavit on June 30. They are appearing pro se.

They explain that they were unable to obtain the required consultation because it would have delayed litigation, which would have surpassed the statute of limitations expiration date. The plaintiffs wrote in their motion that they will provide a report as required by law.

Circuit Judge Vincent Lopinot scheduled a status conference for Sept. 21 at 9 a.m.

Keeney seeks damages in excess of $50,000, plus court costs. He is demanding a trial by jury.

St. Clair County Circuit Court case number 15-L-314

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