| The Kneibert Clinic, LLC v Richard Smith, M.D. and Weatherby Locums Tenens, Inc. | |
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Style of Case: |
The Kneibert Clinic, LLC v Richard Smith, M.D. and Weatherby Locums Tenens, Inc. |
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Client: |
St. Paul Travelers |
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Our File Number: |
8966.10946 |
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Date of Trial: |
June 16 and 17, 2008 |
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Court: |
United States District Court, Eastern District of Missouri, Southeastern Division |
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Cause Number: |
1:05-cv-00086 FRB |
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Judge: |
The Honorable Frederick R. Buckles |
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RPS lawyers who tried this case: |
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Case Details |
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| Mrs. Marilyn
Cravens sought medical treatment from Dr. Robert Young, her OB-GYN.
Dr. Young was employed by the Kneibert Clinic. Dr. Young had conducted
a breast examination and felt a palpable mass on the right breast. He
ordered a mammogram. Dr. Richard Smith, a Locum Tenens radiologist,
read the film as non-diagnostic. He recommended an ultrasound, which
was then performed. Dr. Smith read the ultrasound as non-diagnostic
and recommended repeat bilateral mammograms in twelve months. Dr.
Young continued to treat the patient and ordered repeat mammograms some
eighteen months later. At that time, breast cancer was diagnosed and
treated.
Mrs. Cravens then sued Dr. Young and Kneibert Clinic. Mrs. Cravens developed evidence from retained expert witnesses that Dr. Young should have performed a biopsy in the face of a palpable mass where the mammogram and ultrasound were non-conclusive. Plaintiff amended her Petition after the statute of limitations had run as to Dr. Smith, and after the insurance company for Dr. Young and Kneibert Clinic was placed into receivership. The Amended Petition alleged that Dr. Smith was an agent of Kneibert Clinic and that he mis-read the mammogram and ultrasound. Kneibert Clinic then demanded that Dr. Smith enter his appearance, defend Kneibert Clinic and agree to indemnify Kneibert Clinic. This demand was rejected. Plaintiff and Kneibert Clinic then entered into a statutory agreement whereby Dr. Young and Kneibert Clinic were released. Kneibert Clinic agreed not to defend and to allow Mrs. Cravens to obtain a judgment against Kneibert Clinic based solely on the vicarious liability of the Clinic for the actions of Dr. Smith. The parties also agreed to limit execution of any judgment obtained to the assets of Dr. Smith and Weatherby Locums Tenens. After non-contested trial, the court entered judgement in favor of the plaintiff in the amount of $804,000. Kneibert Clinic then demanded that Dr. Smith indemnify the Clinic and pay the judgment. Kneibert Clinic then filed suite against Dr. Smith. The defense of Dr. Smith was based on the breach of Kneibert Clinic to protect the interests of Dr. Smith, its indemnitor, in that said breach discharged any duty Dr. Smith might have to indemnify Kneibert Clinic. After a two day trial, the jury returned a verdict in favor of Dr. Smith and Weatherby Locums Tenens. |
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| Verdict: | Defense verdict |