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MONTALVO v. BORKOVEC

No. 01-1933.

256 Wis.2d 472 (2002)

2002 WI App 147

647 N.W.2d 413

Nancy MONTALVO, Brian Vila, and Emanuel L. Vila, by his Guardian ad Litem, Timothy J. Aiken, Plaintiffs-Appellants, BLUE CROSS BLUE SHIELD UNITED OF WISCONSIN, Wisconsin Division of Health Care Finance, and Primecare Health Plan, Inc., Involuntary Plaintiffs, v. Terre BORKOVEC, M.D., Defendant, Brent W. ARNOLD, M.D., Jonathan H. Berkoff, M.D., St. Mary's Hospital of Milwaukee, Wisconsin Patients Compensation Fund, and Physicians Insurance Co. of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 29, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Timothy J. Aiken and James C. Gallanis of Aiken & Scoptur, S.C., Milwaukee.

On behalf of the defendant-respondent Wisconsin Patients Compensation Fund, the cause was submitted on the brief of John F. Mayer and Jeremy T. Gill of Nash, Spindler, Grimstad & McCracken LLP, Manitowoc.

On behalf of the defendant-respondent Brent W. Arnold, M.D., the cause was submitted on the brief of Michael P. Malone and Pamela J. Tillman of Hinshaw & Culbertson, Milwaukee.

On behalf of the defendant-respondent Jonathan H. Berkoff, M.D., the cause was submitted on the brief of Linda E.B. Hansen of Nilles & Nilles, S.C., Milwaukee.

On behalf of the defendant-respondent St. Mary's Hospital of Milwaukee, the cause was submitted on the brief of Marilyn M. Carroll of Kravit, Gass, Hovel & Leitner, S.C., Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

¶ 1. WEDEMEYER, P.J.

Nancy Montalvo, Brian Vila and Emanuel L. Vila (by his guardian ad litem, Timothy J. Aiken) appeal from judgments entered after the trial court dismissed their complaint against Dr. Brent W. Arnold, Dr. Jonathan H. Berkoff, St. Mary's Hospital of Milwaukee, the Wisconsin Patients Compensation Fund and Physicians Insurance Co. of Wisconsin. The complaint alleged that the defendants were negligent for failing to sufficiently inform Montalvo...

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