Crowder

Richards

The plaintiffs in a Highland medical malpractice case that was decided in April have asked Madison County Circuit Judge Barbara Crowder for another trial due to what they claim was an error on her part.

Plaintiff's attorney Jon Carlson filed a motion May 18 asking Crowder to disregard the jury verdict that held that Dr. Jose Diaz Jr. was not negligent in his treatment of Virginia Gettys, the deceased ex-wife of Carlson's client, Russell Darbon.

Darbon had sued the Highland surgeon as special administrator of Gettys' estate on behalf of their two children.

Virginia Gettys died of a fatal kidney infection in 2004. She went to the hospital shortly after a colonoscopy, complaining of abdominal pain. Her condition worsened and she was eventually transferred to another hospital in Missouri, where she died.

The medical examiner who conducted her autopsy ruled that her death resulted from septic shock caused by a previously unknown kidney infection.

The suit had alleged the Diaz negligently failed to diagnose the infection when Gettys came to St. Joseph's Hospital in Highland, failed to accurately interpret her test results, needlessly operated and failed to transfer Gettys to a facility with an infectious disease specialist in a timely fashion.

Darbon sued Diaz for negligence and wrongful death. The plaintiff had asked for $50,000 in damages and costs.

The April trial of the case featured a number of debating experts and conflicting medical opinions. One of those opinions, delivered by Dr. Richard Quigg, was a nephrologist from Chicago.

According to the May motion, Quigg improperly brought up the topic of leukemia in discussing the possible ailments Gettys could have had at the time of her death. Crowder had previously barred witnesses from touching on the disease.

The plaintiffs objected at the time of the testimony and were overruled. Carlson argues that Crowder erred in allowing Quigg's testimony on the topic.

His motion states that the ruling "the violation of the Court's Order was so serious that the Plaintiff could no longer get a fair trial."

Darbon is represented by Carlson. Diaz is represented by Timothy Richards.

The case is Madison case number 04-L-1427.