United States Eighth Circuit

In a suit brought by a child through her parents alleging that defendants were negligent in providing the prenatal, labor and delivery, and post-delivery treatment associated with her birth, judgment for defendants is affirmed as the district court's fact-findings and a finding that plaintiffs failed to establish proximate causation were not clearly erroneous, and any alleged consideration of evidence outside the record was harmless.

Appellate Information

• Decided 08/17/2007
• Published 08/17/2007

Judges

• BOWMAN, Circuit Judge., Before MELLOY, BOWMAN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Patrick J. Cullan, argued, Daniel B. Cullan and Paul W. Madgett, on the briefs, Omaha, NE, for appellant.


• For Appellees:
  
• Mark E. Novotny, argued, William R. Settles, on the brief, Omaha, NE, for appellee.