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Kelley dismisses medical malpractice suit alleging shoulder surgery caused carpal tunnel

By Heather Isringhausen Gvillo | Dec 8, 2015

St. Clair County Associate Judge Randall Kelley granted voluntary dismissal in a patient’s lawsuit alleging shoulder surgery resulted in carpal tunnel syndrome.

Plaintiff Milton Kish filed a voluntary motion to dismiss the case without prejudice on Nov. 9 through attorney Amy Collignon-Gunn of the Simon Law Firm in St. Louis.

Kelley granted Kish’s voluntary motion to dismiss on Nov. 18, dismissing the case without prejudice.

Kish filed the lawsuit on Aug. 31 against Dr. Donald W. Weimer, Belleville Orthopedic Surgeons, Ltd., Belleville Surgical Center, Surgical Care Affiliates, Inc., Diane G. Joiner, RN, Mary Diane McCarkel, RN, and Cheryl Raynor, RN.

According to the complaint, Weimer and Belleville Orthopedic performed rotator cuff surgery on the plaintiff on Sept. 3, 2013. Following the surgery, Weimer applied a sling to the plaintiff with his left hand in a hyper-flexed position.

Kish alleges that eight days later, he complained of numbness in his left hand.

Then on Sept. 26, he visited Weimer again, alleging he felt his arm pop and that he was still experiencing numbness. An MRI determined the plaintiff had developed carpal tunnel syndrome, which he believes is the result of his hand being hyper-flexed while he was wearing a sling to recover from shoulder surgery, the suit states.

Kish claims the condition never improved, despite undergoing surgery.

He sought damages in excess of $50,000, plus court costs.

James Neville of Neville, Richards & Wuller in Belleville represented Weimer and Belleville Orthopedic Surgeons in the case.

Kenneth Burke of Brown & James in Belleville represented Belleville Surgical Center, Surgical Care Affiliates, Joiner, McCarkel and Raynor in the case.

St. Clair County Circuit Court case number 15-L-490

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