EAST ST. LOUIS – Regions Bank seeks at least $1 million from the United States as guardian of a child in a negligent delivery trial at U. S. district court.
Original plaintiff Dionne Davis moved to substitute the bank 20 days away from bench trial before District Judge Stephen McGlynn.
U. S. attorney Rachelle Crowe pointed out peculiarities and problems in the motion but stated she wouldn’t object if McGlynn found the bank was duly appointed.
McGlynn granted substitution.
David Cates of Swansea and Eric Holland of St. Louis filed the suit in 2019 against Touchette Regional Hospital and the government’s Southern Illinois Health Foundation.
They sued for Davis as an individual and as natural guardian of her son.
They claimed her son suffered severe injuries at birth in 2016.
Cates and Holland also alleged negligent treatment before delivery.
They claimed the child suffered permanent pain and anguish, disability, and disfigurement.
The U. S. substituted for the foundation.
The clerk randomly assigned Senior District Judge Phil Gilbert, who granted summary judgment against claims of prenatal negligence.
Davis and Touchette reached a settlement in 2021.
In February 2022, in St. Clair County circuit court, Davis moved to appoint herself as guardian of her son’s estate and Eugene Menges as guardian ad litem.
Associate judge Thomas Cannady granted the motion in March.
Gilbert set trial for last Oct. 17, but on Sept. 20 he entered a reassignment order.
McGlynn held a conference the next day and stated he couldn’t keep the trial date.
He assigned Chief District Judge Nancy Rosenstengel to hold a settlement conference, and she set it for Oct. 24.
On Oct. 21, Cates amended the St. Clair County guardianship petition to declare that appointment of Regions Bank would be in her son’s best interest.
Rosenstengel held a conference on Oct. 24, and the parties didn’t settle.
On Oct. 25, Cannady appointed Regions Bank.
In November, McGlynn set trial for March 6.
On Feb. 14, Cates moved to substitute the bank for Davis.
Cates and assistant U. S. attorney Suzanne Garrison discussed the motion on Feb. 15.
Later that day, Garrison and U. S. attorney Crowe filed a response stating defense counsel hadn’t fully assessed the implications of substitution.
They stated the motion came after the U. S. submitted disclosures, objected to disclosures, and proposed a pretrial order.
They added that modifications of the proposed pretrial order were needed.
Garrison and Crowe stated Cates’s position was that if McGlynn granted the motion Davis would not be a litigant in the case.
They pointed out that the caption currently reflected her participation as an individual.
“Dionne makes no claim as an individual in this case for past medical expenses, though she is going to be called to testify on behalf of her son,” they wrote.
They stated McGlynn must determine whether the minor was represented by a general guardian, a committee, a conservator, or a like fiduciary.
They attached Cannady’s orders and stated the U. S. may wish to offer them as trial exhibits.
“It is possible that there is a guardian ad litem report which would have evidentiary value in this case,” they wrote.
They stated that if Regions Bank was duly appointed to serve in a capacity set forth in federal rules of procedure, the U. S. had no objection to the motion.
McGlynn granted substitution on Feb. 16 and entered a pretrial order finding no dispute that the child suffered decreased movement of his right shoulder and elbow.
He found causation was in dispute and if he held the U. S. liable, severity and damages would be in dispute.
Trial began on March 7 with opening statements from Cates and Garrison.
Physician Kallie Harrison testified for almost two hours before noon and Davis testified for more than two hours after noon.