Fredericks v. MaloufAnnotate this Case
Kristine Malouf took the drug Depakote to control her seizures both before and during her pregnancy. While Kristine gave birth to a seemingly healthy child in March 1997, she and her husband eventually discovered the child had brain damage. In 2002, the Maloufs filed a complaint in Hinds County against Dr. Ruth Fredericks, a neurologist; and in 2006, they filed an amended complaint adding Dr. J. Martin Tucker, Jr., an obstetrician-gynecologist (Defendants) alleging Kristine's treating physicians negligently caused their child's brain damage and other injuries. After the Maloufs joined Dr. Tucker, the Defendants moved to transfer venue to Rankin County. The trial court denied the motion to change venue, finding the Defendants had abandoned it. The Supreme Court granted Defendants' interlocutory appeal to determine whether the trial court erred in its ruling on venue. Upon review, the Court affirmed the trial court's finding that the Defendants abandoned their right to contest venue.