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WERTH v. HILL-ROM, INC.

Civ. No. 10-2235 (RHK/FLN).

856 F.Supp.2d 1051 (2012)

Justin and Melissa WERTH, et al., Plaintiffs, v. HILL-ROM, INC., Defendant.

United States District Court, D. Minnesota.

April 18, 2012.

Attorney(s) appearing for the Case

David E. Bland , Chris A. Messerly , Philip L. Sieff , Robins Kaplan Miller & Ciresi LLP, Minneapolis, MN, for Plaintiffs Justin and Melissa Werth.

Timothy J. Carrigan , Lindsay G. Arthur, Jr. , Beth A. Jenson Carrigan , Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN, for Plaintiff Allina Health System.

Sigurd A. Sorenson , Baker & McKenzie LLP, New York, New York, Richard G. Mark , Thomas J. Basting, Jr. , Briggs and Morgan, P.A., Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

On January 21, 2008, M.W. was born at Mercy Hospital in Coon Rapids, Minnesota, to Plaintiffs Justin and Melissa Werth. Shortly after his birth, M.W. was prescribed supplemental oxygen therapy due to a respiratory condition; he was immediately moved to a nursery, where his head was was placed under an oxygen hood and he was laid in a bassinet under a baby warmer, Stabilet...

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