GLASGOW — A Barren County judge denied a Louisville attorney’s motion for a new hearing to allegations he violated a state civil law in a medical malpractice case.
In July, Barren Circuit Judge Phil Patton ordered that David W. Son, the attorney for plaintiff Beverly McDaniel, reimburse the defendant – Dr. Bharati Mody of Glasgow – $18,543 in fees and $1,048.04 in expenses.
On Monday, Patton did grant a section of Son’s new motion that asked for the amount of the sanction to be set aside.
Patton ordered a hearing on Oct. 7 to give Son the chance to cross-examine the witness as to the amount of the sanction.
The original motion for sanction was filed earlier this year against Son, accusing him of violating Kentucky Civil Rule 11, which says, “the signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper; that to the best of his knowledge, information and belief formed after reasonable inquiry is well grounded in fact.”
Son’s expert witness, Dr. Jeffrey J. Pomerance, a California neonatology specialist, claims he was never contacted by the attorney about the case, according to the original motion.
“Dr. Pomerance advised that the opinions that Mr. Son attributed to him in his expert disclosure were false,” the motion stated.
The medical malpractice case involved an allegation of negligence against Mody for the wrongful death of Anna Amos, McDaniel’s daughter.
McDaniel’s pregnancy ended in the preterm delivery of a “non-viable female” at her home on Oct. 2, 2003, court documents stated. Mody was listed as the plaintiff’s physician.
The case was dismissed on March 20, 2007, after Son was unable to provide Pomerance for deposition.
At Monday’s hearing, Son said his office had located Pomerance’s tax ID number.
“We are convinced that Dr. Pomerance’s only purpose for giving us his tax ID number is for the purpose of being retained as an expert (witness),” Son said.
“The sanction motion that was filed was not about the tax ID number,” said defense attorney Jason Taylor. “It’s about the fact that Dr. Pomerance never gave any opinions that were attributed to him.”
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