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Cedar Rapids Gazette (Newspaper) - April 25, 1974, Cedar Rapids, Iowa 4A The Ccdar Rapids Gazette: Thurs., April 23, 1914 Award in 'Medical Fiasco1 By Harrison Weber DBS MOINES (IDPA) Calling the case a "medical the Iowa supreme court has awarded to a Forest City couple for their child who suffers from severe brain damage. It's the largest judgment in- volving malpractice in Iowa's history. It stems from a suit filed by Mr. and Mrs. Orvin Schnebly, who claimed Dr. John M. Baker of Mason City had failed to properly treat their son, Kelly, for a blood incom- patibility problem shortly after his birth in 1964., Million Three years ago, District Judge L. E. Plummer award- ed the Schneblys for their child, and for themselves. They had sought a judgment of ?4 million. The judgment for was against Dr. Baker. In its 44-page opinion issued Wednesday, the supreme court held that the Schneblys were "barred by limitations" and not entitled to the for themselves. They had filed an amendment petition bring- ing in Dr. Baker as a defend- ant more than two years after the commission of the alleged act. But the supreme court said the in damages awarded to the child "are not excessive. Damages The damages include for care and therapy, for loss of earning capacity after becom- ing of age, and for in- juries for pain and suffering and total disability. The Schneblys originally also had filed suits against Mercy hospital in Mason City and Mason City pathologists Dr. George Joyce and Dr. Paul Potter. Those were set- tled out of court prior to the start of the district court trial. The defendants then filed various cross-petitions for in- demnity or contribution, in- cluding such a cross-petition by Dr. Baker against the hos- pital and Drs. Joyce and Pot- ter. In his 1971 decision, Judge Plummer ruled Dr. Baker was the sole and proximate cause of the damage resulting in the severe retardation of the child. The lower court found Drs. Joyce and Potter were negligent. But the court found this negligence was not a proximate cause of the inju- ries, as Dr. Baker's negli- gence was a superceding cause. All Guilty But the majority of the su- preme court found Dr. Baker, Mercy hospital, and the two pathologists all guilty of negli- gence and ordered one-half of the judgment, to be paid by Dr. Baker and the remaining one-half to be paid jointly by the hospital and two pathologists. The majority included Jus- t i c e s C. Edwin Moore, Maurice Rawlings, Ward Reynoldson, David Harris, Mark McCormick and Harvey Uhlenhopp who wrote the opinion. Chiropractic Bill Sent to Gov. Ray DBS MOINES tive action on a bill to expand the definition of chiropractic has been completed by the Iowa house. The bill was passed 62-29 and sent to the governor Wednesday after an unsuccessful effort by Rep. Delwyn Stromer (R-Gar- rison) to strike out a senate provision banning advertising by chiropractors. The house refused to adopt an amendment by Rep. Edgar Hoi- den (R-Davenport) to remove the advertising ban from the bill when it was up for consideration previously. "Unfair" Stromer asked the house to reconsider the amendment, say- ing the advertising ban was "grossly unfair" an in- vasion of chiropractors' right to "express themselves." But his motion failed 61-31 after Rep. Carl Nielsen (D-A1- toona) warned the whole bill might be lost if the ban was removed. Chiropractors may not like the ban but they can live with it, Nielsen said. Rep. James West. (R-State Center) said the bill would "de- professionalize" chiropractors "By forbidding advertising, we are saying the code of ethic adopted by chiropractors is no West said. "Your loca chiropractor might not appred ate that." Opposed Rep. Harold McCormick (D Manchester) said a committee named by Gov. Robert Ray las year to evaluate the bill ha( recommended against its pas sage and it is 'opposed by the Chiropractic Society of Iowa, Rep. Keith Dunton (D-Thorn chief sponsor of the bill said there are two factions among chiropractors, one favor- ing the bill and the other oppos- ing it. But he said the way the bill is written, .the older chiropractors who believe they should restric themselves to dealing with human ailments by adjustmen of the spine and other incidental adjustments can continue to do 3iat, while others can qualify for use of other techniques. Vibrators Under a strict interpretation of the present law, he said, chi- ropractors couldn't use heat Legislative Notes by Frank Nye Legist alive Gears Prove lan Brinck's DBS MOINES Who says the legislature can't move into high gear when it has Or, when it doesn't have to, for that matter. Not State Rep. Adrian Brinck (D-West Brinck beat a path up one floor to the legislative service center one day recently to have an amend- ment prepared for a bill. When he returned a few minutes later you guessed it, the bill had been passed: nan Jimid's Statement State Rep. James Jordan (D-Marion) filed a statement of organization of a political com- mittee with Secretary of State Melvin Syn- horst recently. It was a statment of the organization of his own political committee to work for his re- election. Chairman is none other than Jordan BRINCK himself. Secretary-treasurer is Mrs. (Mildred) Jordan, his spouse and his legislative clerk. Name of the committee: "Jimid Jordan The Jimid is a contraction of Jim and Mid with a common "m." lamps cold packs, vibrato and other simple devises. "Yet, I find the vibrator m chiropractor used on my sinus is used in barbershops, and th vibrator used by high scho athletic Dunton sal "And heat lamps you can u yourself at home." Other Bills in Legislature DES MOINES i thme Iowa Legislature Wednei day. Passed By Senate SF277, To establish professional licen ing boards. 42-1. To house. SF1285, To appropriate funds from tl primary road fund to the highway cor mission to give commission employes oercent pay hike. 45-1. To house. spun. To expand the wavs a farm 5n receive fuel tax credit. 45-0. louse. To expand the purposes for whl he schoolnouse tax may be usec 45-0. To governor. SF1139, To raise mileage rate paid staf employes io 15 cents. 42-2. TO house. SR312, To appropriate to t department of environmental Quality f esting water supplies. 42-0. To house. SF138B, To establish a fund and co ;Inue appropriation to the auditor of t javinqs and loan division. 41-3. To house. To appropriate for re (oration of Terrace Hill. 30-17. To house SF13B4, To appropriate 528 million the state board of regents for buildi and operating expenses. 45-0. To house SF13S7, To increase by the appr Drialion to the office of the citizens' aide -0. To house. HF1487, To nay certain claims ma against the state. 47-0. To qovernor. To appropriate funds to onera he civil rights commission. 45-0. To no ernor. Introduced In Senate SF1337, To appropriate to the of- ,ice of citizens' aide. Appropriations. SFiaaa, To appropriate Jo 1 school budget review committee. Appr Dnations. SF13B9, To aoDropriate to tl owa academy of science for its centenni ai observance. Appropriations SF1390, To limit campaign spending b candidates. Hansen. SF1391, To revise the' adoption law -lansert and Shaw. SF1392, To extend social securily covei ipe to legislators. SF1393, To permit boards of supervisor o authorize warrants for stated purposes prior to board review. County sever ment. SF1394, To allow courts to place female (fenders in a community based corre lonal program. Judiciary. SF13J5, To remove the chief depu heriff from Jurisdiction of county civ ervice commissions. Judiciary. SF1396, To appropriate to lect animal breeders. Appropriations SF1397, To appropriate 54 million to the nergy policy council to study railroad nd assist railroad companies In appropriations. Signed By Governor HFT453, To appropriate SI mllfion fo dild welfare foster care. HF1399, To revise the eteclion statutes. Passed By House.. HF299, To expand the definition of ch opractic. To governor. 'lie (Mar ferit Established In 1S83 by The Gaiette Co. and published dally and Sunday a 500 Third Ave. SE, Cedar Rapids, lowc 52406. Second Class Postage paid a! Cedar Rapids, Iowa. (ear: Afternoon editions and ssues a month, S25 a year. Other states and U.S. territories 540 a year No mall subscriptions accepted In areas having Gazette carrier service. The Associated Press Is entitled ,exctu to the use for republlcafton o all the local news printed In this newspa- per as well as all AP news dispatches. Miss Ann Sothern "Back in 1941, when I starred in "Maisie was a a box of popcorn cost 10C, a movie ticket cost a quarter, and my uncle back in Minneapolis could .call me in Hollywood around suppertime for Today, you can dial that same call after 5 p.m. or on the weekend for 750 or if you dial direct without operator assistance." A little money still goes a long way on the telephone. to-per son. co i clwgerlToani Northwestern Bell SF13iB, To appropriate to the educational radio and television facility board 1o lease land for construction of a channel 36 tower. 68-3. To governor. SF1378j To appropriate million for state Grants to 65 local sewage treatment facilitv construction projects. 82-10. To Governor. SF1328, To raise from to the 1974-75 appropriation for the commis- sion on the status of women. 65-4. To gov- erSFl'38S, To authorize slate fair board lo release money for oremiums to the Adams county fair although it did not certify its claim by the deadline. 85-5. To governor. SF134, To license and reaulate the prac- tice of public accounting, 77-7. To senati for action on amendment. SF1225, To require all health practl- Jioners and school officials to report cases of suspected child abuse and create a central registry for child abuse informa- tion. 90-0. To senate for action on amend- ment. Highlander Concert IOWA CITY The Scottish Highlanders will present an "Afternoon in the Highlands" concert Saturday at 3 p.m. in lapp recital hall. The concert is one of the events to take jlace at the University of Iowa n conjunction with Parents Spring weekend. There is no ad-j mission charge for the concert! and no tickets are required. Justices Clay iegrand and Warren Rees dissented from this part of the opinion. They said they have no quarrel with treating the two pathologists as a single entity for purpose of contribution, but they dis- puted the finding which as- sociates the hospital with them for that purpose. The result, they said, is that the contribution is distributed in halves rather than thirds, and the further result is that "Dr. Baker unfairly is required to pay one-half of the total judgment rather than which they believe would be the correct assess- ment. Justice M. L. Mason of Mason City took no part in the opinion. Appeal Basis In appealing the decision of the lower court, Dr. Baker contended he had not received a fair trial on the whole case. The supreme court said it had examined the record and con- cluded "this contention is not substantiated." Young Kelly Schnebly suf- fers from severe brain dam- age known a kernicterus, which is caused by failure to perform an exchange blood transfusion soon enough after birth. In citing testimony received by the lower court, it was noted that Kelly's father was worried about the possibility of brain damage. He also sus- pected the child was deaf. Schnebly set off a firecracker on the floor and the child did not flinch. He testified he knew then the child could not hear. The boy was subsequently taken to University hospitals at Iowa City for evaluation, where the parents learned more of Kelly's disabilities and the extent of his limita- tions. af Benfon The Benton Community high school music department will present the musical, "Olda- Friday and Saturday at 8 at the Blairstown attendance center gymnasium. Pictured above, Curley, portrayed by Randy Merchant, tries to musically persuade Laurey (Deb Whitworth) to take a ride in "The Surrey with the Fringe on Aunt Eller (Jane Mullen) looks on approvingly. June Primary May Be Out In Johnson IOWA County Supervisor Chairman Richard Bartel Thursday morning lashed iut at the actions of his fellow supervisors, saying board action 'may have placed the June 4 ffimary in jeopardy." Bartel said Friday that he lad suggested dropping current egal action against Data Pro- essing, Inc., Cedar Rapids, and Delores Rogers, Johnson county udilor. The board, in an on-again, off- again series of votes, has asked a declaratory judgment on the legality of Auditor Rogers enter- ing into a contract with Data Processing to handle the county's voter registration process. The supervisors have ques- tioned whether Mrs. Rogers may contract for such services without supervisor approval. Bartel contends "with my fel- low supervisors refusing to re- consider this political football, papers were served Wednesday on Mrs. Rogers, and I presume on Data Processing. "Now that we are in litiga- tion, it is my understanding Data Processing has no obliga- tion to perform contracted ser- vices. This could blow the June 4 primary right out the win- dow." Exterior Latex House Paint Formerly Offered at 2-Gallon Pail Formerly Offered al MILDEW 1 97 Gallon Bended-tor, all exterior surfaces. OHEGMWH Sale Ends Sat. P.M. SHOP AT SEARS AND SAVE Satisfaction Guaranteed or Your Money Hack Quarts Tough, flexible house paint withstands harsh weather conditions Climate-formulated for this area mildew resistant, too Resists blistering and peeling Easy soap and water cleanup Limited Colors No White Sears SEAR3. noIBVOK AND STOItE HOURS SUNDAY Noon to 5 p.m. WON. through FRI. a.m.4 p.m. SATURDAY p.m. PHONE 395-6230 FREE PARKING LINDALE PLAZA CEDAR RAPIDS, IOWA
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