Released on = June 13, 2007, 1:20 pm

Press Release Author = Lala C. Ballatan

Industry = Law

Press Release Summary = The state’s Court of Appeals in Madison ruled that a child
that has been conceived but was not yet born during a time when a negligent act is
committed against him or her could later sue for personal injury charges of
negligence. This state appeals court ruling contradicted an earlier decision of a
judge from Walworth County. The judge dismissed a lawsuit for medical malpractice
filed on behalf of a boy aged 2 years old whose father passed away because of colon
cancer.

Press Release Body = The state’s Court of Appeals in Madison ruled that a child that
has been conceived but was not yet born during a time when a negligent act is
committed against him or her could later sue for personal injury charges of
negligence. This state appeals court ruling contradicted an earlier decision of a
judge from Walworth County. The judge dismissed a lawsuit for medical malpractice
filed on behalf of a boy aged 2 years old whose father passed away because of colon
cancer.

Los Angeles, California, June 12, 2007 – The Court of Appeals of District 2 was the
one who have decided otherwise and claimed that Judge Michael Gibbs of Walworth
County should not have issued a dismissal to the suit, which was filed on behalf of
a child from Delavan named Joseph Brusa Jr.

Brusa Jr.’s father died on November 2004 due to colon cancer. However, during that
time, the child Joseph Brusa Jr. was not yet born. However, Gibbs’ conclusions are
wrong that Joseph Jr. cannot sue just because for the fact that he was not yet born
until 18 months when Joseh Sr.’s ailment was allegedly misdiagnosed by a certain Dr.
Robert Fasano.

According to Gibb’s court decision, also tied Joseph Sr.’s injury to the diagnosis
given by Dr. Fasano on December 27, 2003 which is “probable diverticulitis.” There
was also a recommendation for a colonoscopy follow up.

Following the colonoscopy taken by Joseph Sr. in February 2004, it revealed that
there was a tumor. It was removed by a surgery and Brusa recuperated through
chemotherapy. However, in September, the cancer returned.

In November 2003, Brusa’s girlfriend found out that she was with child and they were
married in March 2004. Joseph Jr. was born on July 9, 2004 and 4 months later, his
father Joseph Sr. died.

The lawsuit filed against Dr. Fasano claimed that the medical practitioner was
negligent because of failure to diagnose Brusa’s cancer immediately. It was filed in
behalf of Joseph Jr.

Thus, the Court of Appeals ruled that even though a child was not yet born during
the time of the injury, he could still sue for medical malpractice resulting to his
loss of a parent’s companionship. Subsequently, the Court of Appeals returned the
case to Gibbs.

Mesriani and Associates are composed of brilliant and experienced trial attorneys in
personal injury cases. We have the special skills for personal injury litigation and
trial work. For more information please log on to our website www.mesriani.com


Web Site = http://www.mesrianilaw.com

Contact Details = contactus@mesrianilaw.com