GERIG v. KAHN,

No. 2001-0968.

95 Ohio St.3d 478 (2002)

2002-Ohio-2581

GERIG ET AL., APPELLANTS, v. KAHN ET AL.; ST. VINCENT MERCY MEDICAL CENTER, APPELLEE.

Supreme Court of Ohio.

Decided June 19, 2002.


Attorney(s) appearing for the Case

Williams, Jilek, Lafferty, Gallagher & Scott Co., L.P.A., and Martin W. Williams, for appellants Matthew Gerig, Dawn Gerig, and LaMar Gerig.

Vorys, Sater, Seymour & Pease, L.L.P., F. James Foley and Rosemary D. Welsh, for appellant Ohio Insurance Guaranty Association.

Shumaker, Loop & Kendrick, L.L.P., John C. Barron and Neema M. Bell, for appellee.


DOUGLAS, J.

{¶ 1} On January 18, 1997, while under the care of Gary Kahn, M.D., Dawn Gerig gave birth to Matthew Gerig at St. Vincent Mercy Medical Center. After the birth, it was discovered that Matthew had several birth defects.1 On March 13, 1997, St. Vincent and Kahn signed an affiliation agreement memorializing Kahn's new status as a St. Vincent employee. The agreement also addressed St. Vincent's obligations to Kahn regarding...

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