EAST ST. LOUIS – Parents who claim Alton Memorial Hospital and the U.S. damaged a daughter’s brain at birth should provide a blood sample for genetic testing, assistant U.S. attorney Ray Syrcle argued on May 25.
Syrcle claimed five experts for Ashante Willis and James Rice opined that genetic conditions couldn’t have caused her injuries.
“Plaintiffs are not entitled to present opinions to the trier of fact without defendants being allowed to explore the opinions,” he wrote.
He attached a recommendation of Stanford geneticist Gregory Enns and claimed none of the experts for Willis and Rice were geneticists.
Jack Beam of Chicago filed the suit last year, claiming a prolonged shortage of oxygen caused hypoxic ischemic encephalopathy.
He sued the hospital and Southern Illinois Health Care Foundation, identifying personnel as agents of both.
The government assumed responsibility for the foundation, which describes itself on its website as a health center program grantee and federal employee.
Magistrate Judge Mark Beatty set a trial date but vacated it and hasn’t set another.
On May 4, he posted on his docket that he received a joint statement regarding a dispute over genetic testing.
He wrote that formal briefing would be helpful, and he gave the U.S. three weeks to file a motion.
On May 16, geneticist Enns declared that the medical history and clinical findings weren’t typical of the diagnosis her parents alleged.
Enns declared that comprehensive testing could reveal a cause for the child’s condition wholly unrelated to allegations in the case.
He declared that a specific diagnosis might improve treatment strategies and impact family planning.
He also recommended whole genome sequencing because it focuses on specific genes that relate to clinical findings. He recommended analysis of mitochondrial DNA because defects in it cause a large number of disorders affecting the brain. He recommended chromosomal microarray, to look for large areas of deletions or duplications of genetic material in chromosomes.
Syrcle moved for testing on May 25, and attached the declaration.
He claimed testing would merely require a blood sample at a local laboratory. He claimed the burden was minimal, especially compared to the issues at stake.
Before suing, he claimed Willis and Rice filed a $200 million suit with the Department of Health and Human Services.
Beatty expects a response by June 15.