BUBB v. BRUSKY

No. 2007AP619.

768 N.W.2d 903 (2009)

2009 WI 91

Richard BUBB and Marjorie Bubb, Plaintiffs-Appellants-Petitioners, v. William BRUSKY, MD, Saint Agnes Hospital, Xian Feng Gu, MD, Lakeside Neurocare Limited and Medical Protective Co., Defendants-Respondents, West Bend Company, Subrogated Defendant.

Supreme Court of Wisconsin.

Decided July 24, 2009.


Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by John L. Cates, Heath P. Straka, Susan M. Kurien, and Gingras, Cates & Luebke, S.C., Madison, and oral argument by Heath P. Straka.

For the defendants-respondents, William Brusky, M.D. and Medical Protective Company, by Paul H. Grimstad, Ryan R. Graff, and Nash, Spindler, Grimstad & McCracken, Manitowoc, and oral argument by Paul H. Grimstad.

An amicus curiae brief was filed by Michael B. Van Sicklen, Bree Grossi Wilde, and Foley & Lardner LLP, Madison, on behalf of Physicians Insurance Company of Wisconsin, Inc.

An amicus curiae brief was filed by Lynn R. Laufenberg and Laufenberg & Hoefle, S.C., Milwaukee, on behalf of the Wisconsin Association for Justice.


¶ 1 DAVID T. PROSSER, J.

This is a review of a published decision of the court of appeals, Bubb v. Brusky, 2008 WI App 104, 313 Wis.2d 187, 756 N.W.2d 584, which affirmed the decision of the Fond du Lac County Circuit Court, Robert J. Wirtz, Judge, to dismiss Richard and Marjorie Bubb's informed consent claim under Wis. Stat. § 448.30 (2007-08).1

¶ 2 The respondents state...

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