Ertsgaard v. Beard

Defendant Allen appeals from two judgments and one order granting a new trial in these medical malpractice actions. The issues are whether the trial court abused its discretion in granting a new trial and whether it erred in allocating a pretrial settlement. We vacate the order granting a new trial and affirm the allocation.

Angela Ertsgaard was a patient of Dr. Allen and Dr. Beard during her pregnancy in 1983 and 1984. She developed preeclampsia and, later, eclampsia, as a result of which she suffered seizures and other problems. Her baby, Sean Ertsgaard, was delivered at 28 weeks, 12 weeks…