Brandt v. Medical Defense Associates

*669THOMAS, Judge.

Background and Facts

This case (“Brandt II”) arises out of the medical malpractice action entitled Brandt v. Pelican, 856 S.W.2d 658 (Mo. banc 1993) (“Brandt I”). In Brandt I, Plaintiff William E. Brandt sued Defendant George Pelican, his primary treating physician, for failing to warn concerning persistent peripheral neuropathy, which plaintiff claimed he incurred as a side effect of the drug Flagyl prescribed by defendant for plaintiff’s anal Crohn’s disease. In Brandt I, the jury returned a verdict in favor of the defendant.

Dr. Ira Kodner treated the plaintiff’s anal Crohn’s…