BAYER EX REL. PETRUCELLI v. DOBBINS

No. 2015AP1470.

885 N.W.2d 173 (2016)

2016 WI App 65

Unity BAYER by Her Guardian Ad Litem, Vincent R. PETRUCELLI, Leah Bayer and Andrew Bayer, Plaintiffs-Respondents, John Alden Life Insurance Company, Involuntary-Plaintiff, v. Brian D. DOBBINS, M.D., MMIC Insurance, Inc., Prevea Clinic, LLC and DEF Insurance Company, Defendants-Appellants, Injured Patients and Families Compensation Fund, Defendant-Co-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed July 6, 2016.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, Brian D. Dobbins , M.D.; Prevea Clinic, LLC; and MMIC Insurance, Inc., the cause was submitted on the briefs of Samuel J. Leib , Sean M. Gaynor , and Brent A. Simerson , of Wilson Elser Moskowitz Edelman & Dicker, LLP, Milwaukee. On behalf of the defendant-co-appellant, the cause was submitted on the briefs of Terri L. Weber and Katelyn P. Sandfort of Nash, Spindler, Grimstad & McCracken LLP, Manitowoc.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Vincent R. Petrucelli of Petrucelli & Waara, P.C., Iron River, Michigan.

A nonparty brief was filed by Guy DuBeau of Axley Brynelson, LLP of Madison, for Wisconsin Medical Society.

Before STARK, P.J., HRUZ and SEIDL, JJ.


¶ 1 Unity Bayer sustained a permanent brachial plexus injury during birth. Unity and her parents sued Brian Dobbins, the physician who performed the delivery, along with MMIC Insurance, Inc., Prevea Clinic, LLC, and the Injured Patients and Families Compensation Fund. The Bayers alleged...

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