Nielson v. Spanaway General Medical Clinic, Inc.

In this case we consider whether a plaintiff who is awarded a judgment for damages in a medical malpractice action in federal court has a state constitutional right to have a jury redetermine the damage issue in a subsequent action in state court, based on the same injuries, against a second defendant.

FACTS

On the evening of July 28, 1989, when Christina Nielson *259was seven days old, her mother brought her to the Span-away General Medical Clinic because the infant seemed to be breathing abnormally, had gradually stopped nursing during the day, and was sleeping more than usual. At the Clinic,…