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NELSON v. UPADHYAYA

No. 1-03-2509.

836 N.E.2d 784 (2005)

361 Ill. App.3d 415

297 Ill.Dec. 53

Anthony NELSON, a Minor, by Tammy Nelson, his Mother and Next Friend, and Tammy Nelson, Individually, Plaintiffs-Appellants, v. Vinod P. UPADHYAYA, Varsha Upadhyaya, and V. Upadhyaya, M.D., Ltd., Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied October 27, 2005.

Attorney(s) appearing for the Case

Barry D. Goldberg, Barbara D. Klein, Goldberg & Goldberg, David A. Novoselsky, Leslie J. Rosen, Novoselsky Law Offices, all of Chicago, for Appellants.

Linda E. Spring, Kay L. Schichtel, Swanson, Martin & Bell, Chicago and Libertyville, for Appellee Vinod P. Upadhyaya.

Timothy G. Merker, Tucker Bower Robin & Romanek, LLC, Chicago, for Appellees Varsha Upadhyaya and V. Upadhyaya, M.D., Ltd.

Presiding Justice McNULTY delivered the opinion of the court:

Anthony Nelson suffered brain damage due to meningitis shortly after his birth in 1990. He and his mother sued his mother's obstetrician and his pediatrician for medical malpractice, alleging that the obstetrician should have treated his mother with prophylactic antibiotics and the pediatrician should have started treating him with antibiotics much earlier. The defendants contended that they fully complied...

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