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MADISON - ST. CLAIR RECORD

Thursday, March 28, 2024

Defendant in medical malpractice case wants out of St. Clair County court

State Court

BELLEVILLE – Chiropractor Thad Vuagniaux of Edwardsville, defending a claim that he injured a patient’s brain, objected to St. Clair County jurisdiction on Oct. 17. 

His lawyer, Ashley Walker of St. Louis, asserted Madison County jurisdiction over a suit that lawyer Tom Keefe of Swansea filed for Tim Cadagin in September. 

“Plaintiff’s complaint is void of any allegation that defendant’s allegedly negligent care occurred in St. Clair County,” Walker wrote. 

She wrote that it didn’t allege that any party was a St. Clair County resident. 

She also wrote that the adjustments performed on Cadagin occurred at 20 Ginger Creek Parkway in Glen Carbon. 

“A defendant has an absolute right to insist on a proper venue,” she wrote. “Proper venue is an important statutory privilege.” 

Keefe’s complaint alleges that on July 11, 2018, Vuagniaux “negligently and carelessly manipulated or otherwise adjusted the patient’s neck in such a way as to cause or contribute to a vertebral artery dissection.” 

It states that on July 13, 2018, Cadagin suffered dizziness, vomiting, and difficulties with coordination. 

He wrote that Cadagin was admitted to a hospital in Colorado. He has had brain surgery and has defects in vision, speech, cognitive skills, and motor skills. 

Vuagniaux allegedly didn’t comply with the legal standard for written informed consent noting all possible benefits and risks. 

Keefe seeks damages for loss of consortium on behalf of Amy Cadagin. 

He named Vuagniaux Upper Cervical as second defendant. 

Circuit Judge Stephen McGlynn has set a status conference Nov. 25.   

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