United States Seventh Circuit

In plaintiffs' medical malpractice suit against their deceased son's doctor and his clinic, district court's dismissal and rejection of their Rule 59(e) motion and a motion for leave to file a new set of supplemental reports is reversed and remanded as the district court erred in concluding that whatever flaws existed in the expert reports that the plaintiffs submitted went to their admissibility, as opposed to their weight.

Appellate Information

• Argued 12/12/2008
• Decided 10/21/2009
• Published 10/21/2009

Judges

• WOOD, Circuit Judge., Before CUDAHY, FLAUM, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Kenneth C. Chessick, Attorney (argued), Magdalena Dworak, Jason M. Kleinman, Attorney, Law Office of Kenneth C. Chessick, M.D., Schaumburg, IL, Jon R. Perry, Attorney, Rosen, Louik & Perry, Pittsburgh, PA, Jon R. Perry, Rosen, Louik & Perry, Pittsburgh, PA, for Plaintiffs-Appellants.


• For Appellees:
  
• Marc F. Benjoya, Brian A. Schroeder, James A. Wood, Gaca, Matis, Baum & Rizza, Pittsburgh, PA, for Defendants-Appellees.