Gov't Again Appeals $30M Award In Kidney Failure Suit

Law360 (September 10, 2020, 10:42 PM EDT) -- The federal government on Thursday asked the Seventh Circuit to reconsider a $29.7 million award in a suit claiming a federally funded health clinic caused a man's kidney failure, saying the judge did not follow the appellate court's instructions after an earlier appeal and again applied the wrong legal standard.

In an opening brief filed with the circuit court, the government contends that U.S. District Judge Nancy J. Rosenstengel failed to apply Illinois' "reasonable person" standard for determining comparative negligence, or how much patient Kevin Clanton was at fault in a suit accusing the clinic, Southern Illinois Healthcare Foundation, of failing...

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