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S.K. v. OBSTETRIC & GYNECOLOGIC ASSOCIATES

No. 22-1317.

13 N.W.3d 546 (2024)

S.K., a legally incapacitated minor BY AND THROUGH his conservator, Thomas T. TARBOX, Appellee, v. OBSTETRIC & GYNECOLOGIC ASSOCIATES OF IOWA CITY AND CORALVILLE, P.C., Appellant.

Supreme Court of Iowa.

Filed November 8, 2024.

Attorney(s) appearing for the Case

Troy L. Booher (argued) and Beth E. Kennedy of Zimmerman Booher, Salt Lake City, Utah, and Jennifer E. Rinden, Robert D. Houghton, Vincent S. Gies, and Nancy J. Penner of Shuttleworth & Ingersoll, PLC, Cedar Rapids, until withdrawal, for appellant.

Ryan G. Koopmans (argued) of Koopmans Law Group, LLC, Des Moines, for appellee.

May, J., delivered the opinion of the court, in which all participating justices joined. Christensen, C.J., filed a concurring opinion, in which Waterman, J., joined. Waterman, J., filed a concurring opinion, in which Christensen, C.J., and McDonald and McDermott, JJ., joined. Oxley, J., took no part in the consideration or decision of the case.

A baby was injured during labor, delivery, or both. The baby's conservator—the plaintiff here—alleges that the baby was injured because of negligence by the delivering doctor. Among other things, the plaintiff alleges that the doctor was negligent in using a Mityvac obstetrical vacuum delivery system (vacuum) to deliver...

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