EAST ST. LOUIS – Alton Memorial Hospital and the United States may test a child’s blood to see if a genetic disorder caused brain damage rather than negligence at delivery, U. S. Magistrate Judge Mark Beatty ruled at a hearing on Feb. 8.
He found experts for parents Ashante Willis and James Rice put causation at issue by stating that nothing but negligence could have caused the damage.
“Clearly it’s relevant and proportionate to the needs of the case,” Beatty said.
“The parties are putting a ton of money and resources into this case,” he added.
Beatty said he would ultimately handle the evidence when he rules on its admissibility.
At that point, he said, counsel for Willis and Rice would have a robust cross examination of the expert for the hospital and the government.
Ryan Timoney of Chicago sued the hospital and the government for Willis and Rice in 2021, claiming doctors and nurses acted as agents of both defendants.
Timoney claimed Willis presented to Alton Memorial for induction of labor on Aug. 10, 2018.
He stated she was 33 years of age and weighed 323 pounds.
He stated defendants delivered a seven pound baby on Aug. 13.
Timoney claimed the baby was pale, her muscle tone was limp, her irritability reflex and respiratory effort were absent, and she made no effort to cry.
He added that she required resuscitation, her breath sounds improved, and Willis was allowed to see and kiss her.
The hospital discharged them on Aug. 14 and admitted the baby again on Aug. 15.
Timoney claimed the baby was transferred to children’s hospital in St. Louis for seizure management.
He claimed a magnetic resonance image found hypoxic ischemic injury on Aug. 16.
He added that the baby received a diagnosis of hypoxic ischemic encephalopathy on Aug. 20.
He claimed that if defendants had provided appropriate care, “she would be neurologically intact and would have avoided injury.”
Timoney claimed her condition included severe mental and motor disability and she would need extensive medical and therapeutic services.
He claimed Willis and Rice submitted a claim to the department of health and human services in 2020 and the department denied it.
Alton Memorial and the U. S. moved to compel testing last year.
At Beatty’s hearing, assistant U. S. attorney Ray Syrcle said six experts for Willis and Rice stated there were no genetic ties to the child’s condition.
Syrcle said their opinions made testing relevant to causation.
He said defendants asked only for a teaspoon of blood.
He added that testing is not unusual in cases like this.
“We don’t know yet what the test is going to say,” Syrcle said.
He said determination of admissibility would be premature.
Plaintiff counsel Matthew Patterson of Chicago said the testing motion had no good faith basis.
Patterson said no disease known to man could have caused the injuries.
He said the only cause was lack of oxygen and blood flow.
He added that if the condition was genetic, it would continue until she died.
He said there was no dispute that the condition didn’t continue.
Syrcle responded, “The evidence is there and we’re just asking to know the sequence of her genome.”
He said experts could argue and the court would decide.
Beatty granted the motion and gave the parties 14 days to iron out where to draw blood and where to test it.