Memorial Hospital Belleville denies liability in suit alleging birth injury

By Heather Isringhausen Gvillo | Aug 14, 2018

A Belleville hospital denies liability in a mother’s suit alleging her daughter suffered shoulder and arm injuries during delivery.

Callie Sommer, individually and as mother and next friend of Isabelle Sommer, filed the complaint on Jan. 9 against Bradley Tissier MD, Protestant Memorial Medical Center, doing business as Memorial Hospital Belleville, and OB GYN Care LLC.

According to her complaint, Callie Sommer alleges she delivered Isabelle Sommer on March 17, 2014, under the defendants’ care. During the delivery, Isabelle Sommer allegedly suffered shoulder dystocia and was born with a right brachial plexus injury, right shoulder injury, right arm injury and flaccid right arm palsy.

Callie Sommer alleges the defendants failed to effectively utilize appropriate delivery techniques and failed to offer a cesarean section.

Memorial Hospital Belleville answered the complaint on July 6 through attorneys Jason Winslow, Jeffrey Glass and Blair Keltner of Hinshaw & Culbertson LLP in Belleville, denying liability.

In its affirmative defenses, the defendant argues that the alleged injuries are a “direct and proximate result of superseding, independent, and intervening causes or conditions over which this Defendant had no control.”

OB GYN Care filed a motion to dismiss on July 2 through attorney James E. Neville of Neville Richards & Wuller LLC in Belleville.

The defendant argues that the plaintiff identifies it as a defendant and mentions it in the opening paragraph. While one count of the complaint is made against Dr. Bradley Tissier, the plaintiff does “not otherwise specify how or why OB-GYN Care, LLC is allegedly liable.”

The defendant argues that the plaintiff is not required to provide evidence in the complaint but must allege facts sufficient to bring a claim.

The plaintiff seeks a judgment of more than $50,000. She is represented by Mark D. Prince of Prince Law Firm in Marion.

St. Clair County Circuit Court case number 18-L-13

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Organizations in this Story

Hinshaw, Culbertson Neville, Richards & Wuller Prince Law Firm

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