Ellenwine v. Fairley
Indiana Supreme Court
1Opinion of the Court
SULLIVAN, Justice.
Michelle Ellenwine gave birth to a son, Dustin, on December 19, 1996. Dr. Dawn Fairley was Michelle's treating physician throughout the pregnancy. Complications arose during the delivery and within days of the birth one of Dustin's physicians informed Dustin's parents, Michelle and Alvie, that Dustin had suffered brain damage and was experiencing seizures as a result of oxygen deprivation during delivery. Dustin died on February 2, 1999, when he was two years old.
On October 12, 1999, the Ellenwines filed a proposed medical malpractice complaint against Dr. Fairley with the…
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