Medical negligence

Settlement for a couple who participated in an in vitro fertilization procedure in which the wife's eggs were mistakenly fertilized with an unknown man's sperm. The wife, individually and on behalf of her newborn children, and the husband sued the hospital that ran the program and its agent laboratory. Among other things, plaintiffs claimed defendants had failed to properly label and handle the husband's sperm specimens. *William C. Gentry, *Mary K Phillips, *Annette J. Ritter, and *Timothy D. Ellis, all of Jacksonville, Fla., represented plaintiffs. Documents in this case are available through the Court Documents section at p. 403, courtesy of Mr. Gentry.

Higgins v. Memorial Hosp. Jacksonville, Inc., Fla., Duval County Cir. Ct., No. 96-01810 CA, Aug. 24, 1998.

Failure to timely deliver infant

Settlement for a child who, shortly after his birth, was diagnosed as having suffered a right parietal brain infarction. The child's mother, individually and on her son's behalf, sued the attending obstetrician, alleging failure to discontinue Pitocin and timely deliver the infant child. *Abraham Fuchsberg, New York, N.Y., and *Stephen M. Warner, Larchmont, N.Y., represented plaintiffs.

Beneche v. Levada, N.Y., Nassau County Sup. Ct., No. 4624/95, Oct. 6, 1998.

Failure to diagnose heart damage

Settlement for a woman who was diagnosed as having threevessel coronary artery disease and kidney failure. She sued an internist whom she had consulted for several years, alleging failure to diagnose heart disease and provide proper care. *Bertram D. Fisher and Kevin S. McDonald, both of New York, N.Y., represented plaintiff.

Slusarz v. S.M., N.Y., New York County Sup. Ct., No. 117413, May 4, 1998.

Gynecologist's physician-patient relationship continued despite referral of patient to specialist

An Ohio appellate court held that a physician-patient relationship did not terminate when the doctor referred the patient to a specialist. *Robert M. Scott, Toledo, Ohio, represented plaintiff.

Rickman v Martin, No. L-98-1036,1998 WL 568053 (Ohio Ct. App. Aug. 28, 1998).

Excessive traction during delivery

Verdict on behalf of a child who suffered soft-tissue and nerve injuries to her left arm, neck, and shoulder during her delivery at an army hospital. The child's parents, on her behalf, sued the United States, alleging the obstetrical resident who delivered the child had applied excessive traction to her head. *Bill Whitehurst and *Michael E.J. Archuleta, both of Austin, Tex., represented plaintiffs.

Jackson v. United States, U.S. Dist. Ct., W.D. Tex., No. A-96-CA-491-SS, July 1998.

[ Comment: See also Hull v. Cohen, 36 ATLA L. Rep. 376 (Dec. 1993), alleging use of excessive force during an infant's delivery. *L. Christopher Breard and *William Roberts Wilson Jr., both of Gulfport, Miss., and Donald W. Huffman, Roanoke, Va., represented plaintiff.]

[Documents are available through the Court Documents section at p. 403, courtesy of plaintiffs' counsel.]

HMO may be liable under vicarious and corporate liability theories

A Pennsylvania appellate court held that under vicarious and corporate liability theories, an HMO may be liable to a couple whose son died after being delivered prematurely. *Harry Cohen and David Lozier, both of Pittsburgh, Pa., represented plaintiffs. Documents in this case are available through the Court Documents section at p. 403, courtesy of Mr. Lozier.

Shannon v. McNulty, _ A.2d _, No. 940 Pittsburgh 1997, 1998 WL 682487 (Pa. Super. Ct. Oct. 5,1998).

Failure to timely diagnose hyperthyroidism

Settlement for the wife and son of a man who suffered fatal cardiac arrest reportedly caused by a thyroid storm precipitated by an acute infection. Plaintiffs sued an HMO, alleging its physician had failed to timely diagnose the man's hyperthyroidism. *Gerald E. Agnew Jr., Torrance, Cal., represented plaintiffs.

In v. Southern Cal. Permanente Med. Group, Cal., Los Angeles County Super. Ct., No. KC 021787, June 17, 1998.

Limitations statute barred claim against doctor for failure to inform of abnormal Pap smear results

The Supreme Court of Missouri held that Mo. REv. STAT. (sec)516.105, the state's medical negligence limitations statute, precluded plaintiff's claim against a gynecologist alleging she failed to inform her of abnormal Pap smear results.

Weiss v. Rojanasathit, 975 S.W.2d 113 (Mo. 1998).