Lawrey v. Kearney Clinic, P.C., et al., No. 12-3863 (8th Cir. 2014)Annotate this Case
After plaintiff's daughter was born with permanent nerve damage in her right shoulder and arm, plaintiff filed suit against the physician who performed the delivery of plaintiff's daughter. The court concluded that the proper standard for review of the district court's order granting the motion in limine is abuse of discretion, not plain error; the district court did not abuse its discretion by excluding the testimony of plaintiff's experts because the experts' opinions did not fit the specific facts of this case; the district court did not err in denying plaintiff's motion for judgment as a matter of law on the issue of informed consent where the record did not support the contention that the physician's expert testified the risk factors present in this case required a physician to warn a patient about the possibility of a permanent injury; and the court rejected plaintiff's contention that the district court should have granted her a new trial based on allegedly prejudicial and inflammatory comments made by defense counsel during closing arguments.