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Lawsuit filed against pediatrician is dismissed

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By Calen McKinney

Allegations that a former pediatrician permanently injured a newborn baby have been dismissed.

The claims against the doctor, pediatrician Dr. Winit Chartisathian, who has since retired, were dismissed on Feb. 12.

The dismissal comes nearly a year after the same allegations were dismissed against Taylor Regional Hospital.

In May 2010, Jamestown attorney Gail Wilson filed suit against Chartisathian and TRH on behalf of Columbia resident Telissa Moore and her son, Brent Owen.

Moore stated that Chartisathian delivered her son at TRH on May 29, 2009.

In her complaint, she claimed Chartisathian failed to diagnose and treat her son and that negligence caused a severe burn injury to his foot. As a result, Moore claimed, her son's injuries were serious and grievous.

Moore claimed that her son has since and will continue to endure pain. She also alleged that both she and her son suffered mental anguish as a result of his injuries.

Moore asked that she and her son be awarded a judgment against Chartisathian and TRH, along with interest, court costs and a jury trial.

Louisville attorneys Gerald R. Toner and Greg S. McDonald answered the lawsuit on Chartisathian's behalf in June 2010.

In the answer, Chartisathian stated that if the plaintiffs suffered any damages, a third party caused them.

Chartisathian denied the allegations against him and asked that the complaint against him be dismissed and that he be awarded court costs.

In its answer to Moore's complaint, also filed in June 2010, TRH denied Moore's allegations and claimed that any injuries the plaintiffs suffered were the result of causes not under the hospital's control.

In the answer, filed by Louisville attorneys Timothy H. Napier and Angela McNeal Hoyer, the hospital asked that the claim be dismissed and it receive court costs.

In March 2012, two orders were entered stating that Moore had agreed to dismiss her and her son's claims against TRH with prejudice.

According to Black's law dictionary, when a claim is dismissed with prejudice, the plaintiff is not allowed to prosecute it again.

A similar order was entered into court records last week, stating that Moore has now agreed to dismiss the allegations against Chartisathian with prejudice.

Taylor Circuit Court Judge Allan Bertram signed the order on Feb. 1, though it wasn't entered into court records until Feb. 12.

Neither Wilson nor Turner returned phone calls to comment on the case.

In June 2010, however, Toner said he saw nothing questionable about the care Chartisathian provided and he wasn't sure Chartisathian was even working when the alleged injuries Moore claimed came to light.

Toner said the allegations against TRH were settled during a mediation conference, but Chartisathian would not participate in such meetings.

"Because he didn't do anything wrong," Toner said.

He said he believed Chartisathian had a strong case.

"I believe if a jury hears [the case], they will find for Dr. Winit."

TRH CEO Jane Wheatley was out of the office and could not be reached for comment. She previously declined to comment on the case.