Chenoweth Law Group

Appeals court decides partially in favor of plaintiff

A recent case heard by the Oregon Court of Appeals involved a family of four. The family originally brought a civil complaint to the lower court, and the court dismissed the claims. The appeal alleged that the lower court erred in the dismissal of the claims.

The defendants in the case brought information that cross-assigned error on the part of the trial court. Multiple defendants in the case filed multiple motions to dismiss; the trial court filed to dismiss under all the reasons filed, and this is what the defendants took issue with.

According to the Oregon Court of Appeals Media Release, the original lawsuit in this case stemmed from the fact that the couple involved had a second child after their first, even though their first child had a genetic condition. The couple claimed that the medical providers named in the lawsuit failed to provide appropriate standards of care when treating their older child. The reason they claimed this is because they allege the older son was not diagnosed with and the parents were not informed about the genetic condition.

Consequently, the couple had a second child. The second child also suffers from the genetic condition. The couple claimed that they and their second child have suffered both economic and non-economic damages because they didn't know the first child had the genetic condition.

The appeals court upheld the trial court's dismissal of the second child's claims. It reversed the dismissal of the parent's claims. Because the case is being remanded back to the trial court, the trial court will now likely have to make a decision on the defendant's other motions for dismissal.

From this brief synopsis, you can see how complex appeals can be. The numerous filings in this case, and the back and forth between the courts, can be difficult to understand, illustrating the importance of experienced legal assistance when dealing with appeals processes.

Source: Court of Appeals Media Release, "Kerry Tomlinson v. Metropolitan Pediatrics, LLC," Dec. 30, 2015

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