A dialysis center accused of negligence over a patient's alleged fall has removed a Madison County personal injury case to federal court.
Renal Treatment removed the case to the U.S. District Court for the Southern District of Illinois on Dec. 4 through attorneys William Thomas and Olenka Waite-Wright of Pitzer Snodgrass in St. Louis.
The defendant argues that removal is proper based on the amount in controversy and diversity of citizenship.
“Counsel for plaintiff attached a certification to the complaint that the complaint seeks less than $75,000. However, defendant has reasonable cause to believe that plaintiff’s complaint potentially seeks damages in excess of $75,000,” the notice states.
“It is clear from plaintiff’s failure to sign the stipulation and affidavit, as well as the nature of the head injury she suffered, that defendant and this court can reasonably infer an amount in excess of $75,000, exclusive of interest and costs, is in controversy in this matter,” it continues.
Cecilia Link filed the lawsuit on Oct. 13 against Davita Healthcare Partners.
According to the complaint, Link claims she was at the defendant’s Sauget location for dialysis treatment on Dec. 6, 2013. She had previously been diagnosed with dizziness and instability. While receiving treatment, Link alleges she was seated but fell to the floor when she attempted to stand.
Link alleges a Davita Healthcare employee failed to assist or stand by as she stood. As a result of her fall, she claims she experienced pain, disability and disfigurement and had to pay hospital and medical expenses.
Defendant Renal Treatment Centers, doing business as Sauget Dialysis, argues that it was incorrectly named as Davita Healthcare Partners, Inc. in the lawsuit.
Link seeks damages of up to $75,000, court costs and attorney fees.
She is represented by Lanny Darr of Alton.
Madison County Circuit Court case number 15-L-1318