Avichail v. St. John's Mercy Health Sys., No. 11-1284 (8th Cir. 2012)
Annotate this CasePlaintiff was the mother of T.A., whom Plaintiff alleged suffered irreparable brain damage after T.A.'s oxygen saturation plummeted from ninety-four percent to fifty percent following surgery. Plaintiff brought a medical malpractice action as next friend of T.A. against the medical center, a nurse involved in T.A.'s care, and the nurse's employer. A jury found for Defendants. Plaintiff appealed, arguing that the district court committed reversible error in its conduct of the trial. The Supreme Court affirmed, holding (1) assuming it was error to deny Plaintiff's peremptory strike of a certain juror, the error was harmless; and (2) the court did not err in declining to permit T.A.'s caregiver to testify through an interpreter during the trial.
Court Description: Civil case - Medical malpractice. Assuming that it was error to deny the striking of a juror, the error was harmless as nothing suggests the juror was removable for cause or unqualified for service; since the jury which was seated was qualified and impartial, no constitutional violation occurred; district court did not abuse its discretion by denying the use of an interpreter for one of plaintiff's witnesses as her answers were responsive and demonstrated adequate comprehension of English.
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