Flyte v. Summit View Clinic

Bjorgen, A.C.J.

¶1 Kenneth Flyte sued Summit View Clinic (Clinic) following the death of his wife, Kathryn, and their infant daughter, Abbigail.1 Kathryn had visited the Clinic while feeling ill during pregnancy and died shortly after from the H1N12 influenza virus. Abbigail, delivered by cesarean section while Kathryn lay comatose, died some months later. Kenneth based his claim primarily on the fact that the clinic staff did not inform Kathryn about H1N1 or offer her Tamiflu, a drug often effective in treating the illness. A jury found by special verdict that the Clinic and its staff were…