Private settlement reached in Aspen wrongful death case
July 6, 2009
ASPEN – A malpractice lawsuit against three Aspen physicians accused of having a role in the death of a 1-year-old child has settled and will not go to jury trial in August as scheduled.
The settlement comes after Aspen couple JoAnn Lamson and Dean Hill filed suit in January 2008 in Pitkin County District Court against Aspen pediatricians Dr. Harvey Fahy and Dr. William Mitchell, and Aspen emergency room physician Dr. Catherine Bernard. Also named in the suit was Janice Brenneman, a radiologist from Golden.
The couple sued two years after their daughter, Olivia Hill, died of respiratory infection, pneumonia cased by bacterial infection and cardiac arrest, at Aspen Valley Hospital on Jan. 16, 2006.
Attorneys for the couple alleged that if the child had been diagnosed in a timely manner, fitted with an oxygen mask, and fed fluids and antibiotics for infections, she would have survived. Attorneys for the defendants had filed court papers denying the allegations.
A 13-day jury trial had been scheduled to begin Aug. 11, according to the lawsuit.
A notice to vacate trial was filed May 22; however, the lawsuit makes no mention of a settlement.
Recommended Stories For You
Debbie Taussig, one of the Boulder attorneys representing the plaintiffs, confirmed Friday a settlement had been reached.
“The case has settled and the details are confidential,” she wrote in an e-mail.
Attorneys for the defendants could not be reached Friday. The couple also declined an interview request.