Merrick et al vs. Drew et al


Case Name:Merrick et al vs. Drew et al
Case Number:LACV189769
Date of Trial:06/26/2023
Venue:
Woodbury County
Casetype/Claims: Personal Injury - Medical/Dental Malpractice; Failure to Obtain Informed Consent

Judge:Tod Deck

Plaintiff's Counsel:Brian Galligan and Amber HaberlDefendant's Counsel:John Gray and Zachary Martin (Dr. Drew and SMEF)

Pat Vipond and Mike Storey (Dr. Dewald and Siouxland OB/GYN)

Verdict:The jury determined that Defendant Dr. Cara Drew did not fail to obtain informed consent from Vandy Merrick before proceeding with a vaginal delivery during childbirth.

Plaintiffs sued Dr. Cara Drew and Siouxland Medical Education Foundation, Inc. and Dr. Hannah Dewald and Siouxland OB/GYN. Initially, claim was that Dr. Drew and Dr. Dewald failed to offer a C-section when the EFW by Leopold’s exceeded 4500 grams and that Dr. Drew was negligent in the delivery after shoulder dystocia identified. Plaintiff voluntarily dismissed claims of negligent delivery. Judge Deck granted Dr. Dewald’s motion for directed verdict.

Demand Before Trial:
Offer Before Trial:

Statement of Case:
This is a civil case. Plaintiff Vandy Merrick is the mother and Duvanni Freemont is her minor child. She has brought this case on behalf of her minor child against Dr. Cara Drew and her employer, Siouxland Medical Education Foundation, Inc. The parties agree that for the purposes of these instructions, Dr. Cara Drew and Siouxland Medical Education Foundation, Inc. should be treated as one party.

Injuries alleged:Brachial plexus injury resulting from shoulder dystocia.

Official Jury Verdict Form:
Merrick et al vs. Drew et al verdict form.pdfMerrick et al vs. Drew et al verdict form.pdf

Documents of interest:
(when available)		Merrick et al vs. Drew et al jury instructions.pdfMerrick et al vs. Drew et al jury instructions.pdf

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