1Although it is apparent from the record that the correct name of the defendant is
"Protestant Memorial Medical Center, Inc.," all the parties have continued to use "Memorial
Hospital" in the caption of this case. The defendant does not deny liability as a result of this
Decision filed 11/27/07. The text of
this decision may be changed or
corrected prior to the filing of a
Peti tion for Rehearing or the
disposition of the same.
APPELLATE COURT OF ILLINOIS
BRANDON BAUER, an Infant, by Scott ) Appeal from the
Bauer, His Father and Next Friend, and ) Circuit Court of
SCOTT BAUER and AMY BAUER, ) St. Clair County.
v. ) No. 00-L-373
MEMORIAL HOSPITAL, ) Honorable
) James M. Radcliffe III,
Defendant-Appellant. ) Judge, presiding.
JUSTICE STEWART delivered the opinion of the court:
The defendant, Memorial Hospital1 (Memorial), appeals from the judgment of the
circuit court of St. Clair County on the jury's verdict in the amount of $7.15 million in favor
of the plaintiffs, Brandon Bauer, an infant, by Scott Bauer, his father and next friend, and
Scott Bauer and Amy Bauer, individually, and against Memorial in the plaintiffs' medical
malpractice action. Memorial raises numerous arguments on appeal. We affirm in part,
vacate in part, and remand for further proceedings.
Memorial was one of several defendants named in a medical malpractice action filed