EAST ST. LOUIS – The U.S. Attorney for the Southern District Court of Illinois has removed a wrongful death complaint arguing that since two of the defendants are federal employees, the case should be removed to federal court.
The lawsuit was originally filed on Feb. 18 by plaintiff Alexis Mitchell, acting as independent administrator of the estate of Sandra Jean Missey, in the Madison County Circuit Court against Anderson Hospital, Anderson Healthcare, Maryville Imaging LLC, the Southern Illinois Healthcare Foundation, doing business as SIHF Healthcare, Granite City Illinois Hospital Company LLC, doing business as Gateway Regional Medical Center, Dr. Jowe Hseih, Dr. Aaron Biala, and Dr. Michael Wilson.
In his notice of removal to the U.S. District Court for the Southern District of Illinois filed June 3, attorney Steven Weinhoeft argued that defendants Southern Illinois Healthcare Foundation and Hseih are considered federal employees and are eligible for Federal Tort Claims Act coverage. Therefore, he argued that removal is proper.
In the original complaint, Mitchell alleges the defendants failed to provide necessary healthcare to Missey, resulting in her death.
According to the lawsuit, between the dates of April 30, 2017, and March 3, 2020, the defendants and their agents had accepted Missey into their care to provide healthcare services. The lawsuit alleges that the defendants failed to properly diagnose Missey's lung cancer in a timely manner, which ultimately lead to her death.
The plaintiff is demanding a jury trial and is represented in this case by attorney Adam J. Zayed of Zayed Law Offices in Joliet.
U.S. District Court for the Southern District of Illinois case number 3:22-CV-01159-NJR