Medical malpractice dismissal upheld on appeal. Plaintiff alleged that on or about August 24, 2007, he underwent the placement of an A-V fistula by defendant physician in order to allow vascular access for his kidney dialysis treatments. Subsequent to the fistula placement, Plaintiff claimed he contracted a methicillin-resistant staphylococcus aureus (“MRSA”) infection that ultimately spread to his spine. He generically claimed that the Defendants were negligent in “failing to follow proper procedures and exercise care in handling patients” causing his development of the MRSA infection that ultimately spread into his spine. Based upon discovery completed at the time of the dismissal, Plaintiff’s alleged past and future economic and non-economic damages were in excess of $750,000. In February 2012, the trial court entered an Order dismissing Plaintiff’s case upon motion by these Defendants. The matter was appealed by Plaintiff to the Missouri Court of Appeals Eastern District. The appeal was fully briefed and orally argued before the Court on March 5, 2013. The Court of Appeals issued an order affirming the trial court’s dismissal of Plaintiff’s claims on April 30, 2013.
- Case number/date: 397 S.W.3d 550 (Mo. App. E.D. 2013)