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ELLENWINE v. FAIRLEY

No. 71S03-0605-CV-164.

846 N.E.2d 657 (2006)

Michelle ELLENWINE and Alvie Ellenwine, as Parents and Natural Guardians of Dustin Ellenwine, Deceased, Appellants (Plaintiffs below), v. Dawn FAIRLEY, D.O., Appellee (Defendant below).

Supreme Court of Indiana.

May 3, 2006.

Attorney(s) appearing for the Case

Jerry Garau, Indianapolis, for Appellants.

Edward L. Murphy, Jr., Heidi K. Koeneman, Fort Wayne, for Appellee.

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...

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