Record-setting malpractice case pits medical clinic against insurer
A
A nationally prominent attorney for the clinic has fired back, saying he intends to sue the insurer for more than
In
The boy's parents, Kathleen and
The Kromphardts contended their son's brain damage was caused by medical workers' failure to properly respond to signs the baby was deprived of oxygen in the hours leading up to his birth in
The boy, now 4, is unable to walk by himself and is largely unable to speak. At trial, the family's lawyer argued the child will likely need 24-hour care for the rest of his life.
The
Clinic and its insurer are now at odds
MMIC alleges that last September, with its appeal of the judgment still pending, it offered to pay the policy limit,
According to MMIC, the Kromphardts' attorney allegedly refused that offer and so, two months ago, MMIC agreed to simply pay the
At about that same time, however, the clinic allegedly retained new legal counsel in the form of
Earlier this week, MMIC filed a federal lawsuit against the clinic in an effort to block Rowley and the clinic's alleged efforts to undermine MMIC's appeal of the
According to MMIC, Rowley wrote to the insurance company on
The letter from Rowley is also alleged to have said, "I do believe that the optics of this case will be changing very soon and that after the unprecedented motions that we — the clinic — intend to file, the chances of MMIC getting a new trial will go down to less than 10%."
Citing those alleged statements by Rowley, MMIC is now seeking a federal court order that will allow its appeal of the
MMIC alleges that "Rowley's stated agenda is to eliminate or otherwise impair the appeal," and it is seeking an injunction that will protect the
When asked about MMIC's allegations, Rowley told the
Lawsuit follows bankruptcy filing
This latest round of litigation follows an aborted bankruptcy filing by the clinic last fall. The Kromphardts' attorneys had challenged the filing, arguing it was filed in bad faith to avoid payment of the malpractice award.
Court records indicate that prior to the trial, offers were extended by the Kromphardts' attorneys to resolve the dispute for the insurance policy limit of
After the verdict, the clinic appealed and requested that a stay be imposed to halt any collection efforts until the appeal could be heard.
Last October, the sheriff arrived at the clinic to initiate seizure of the business' assets and the clinic filed for Chapter 11 bankruptcy to protect its assets and remain in business.
On
In a
She noted that MMIC paid fees to the clinic's bankruptcy professionals and offered the clinic favorable terms on its insurance coverage when no one else would. In addition, the judge stated, MMIC had offered to extend credit to the clinic.
"A question arises about whether the bankruptcy was motivated by a proper purpose or to obtain financial advantages from MMIC in exchange for filing bankruptcy to attempt to protect it from making payment under the policy," Shodeen stated in her decision.
The clinic, meanwhile, had supplied "little evidence to establish its good faith" in the matter, Shodeen added. The clinic has appealed Shodeen's decision in the case.


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