Madison - St. Clair Record

Wednesday, August 21, 2019

Washington University alleges lack of personal jurisdiction in med mal suit

By Heather Isringhausen Gvillo | Jan 19, 2016


Washington University seeks to dismiss a medical malpractice lawsuit based on lack of personal jurisdiction.

Madeline Devine and Andy Devine filed the lawsuit on Oct. 5 against Washington University.

According to the complaint, Madeline Devine was a patient at Washington University for medical care and treatment on Nov. 26, 2014.

The suit alleges the hospital was negligent and failed to properly address her complaints of bleeding and failed to instruct her to go to the emergency room.

Washington University filed a motion to dismiss the complaint for lack of personal jurisdiction on Nov. 20 through attorneys Kenneth Burke and David Ellington of Brown & James in St. Louis. It argues that its physicians provided treatment in St. Louis but did not provide treatment or care in Illinois. Therefore, the defendant alleges litigation in Illinois is inappropriate in this matter.

“Simply put, The Washington University’s contacts with the State of Illinois are not such that Illinois could be fairly considered its home,” the motion states.

Circuit Judge Andrew Gleeson scheduled a motion hearing to address the defendant’s motion to dismiss for Feb. 17 at 9 a.m.

The plaintiffs each seek a judgment of more than $50,000, plus costs.

They are represented by Samantha Unsell of Keefe & Keefe in Belleville.

St. Clair County Circuit Court case number 15-L-566

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