MICHELLE RYE, and her Husband, RONALD RYE v. WOMEN’S CARE CENTER OF MEMPHIS, MPLLC d/b/a RUCH CLINIC, a Tennessee for-profit Limited Liability Company, and DIANE LONG, M.D. - Articles

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Posted by: Tanja Trezise on Mar 10, 2014

Court: TN Court of Appeals

Attorneys 1:

Gary K. Smith and C. Philip M. Campbell, Memphis, Tennessee, for the appellant, Michelle Rye and Ronald Rye.

Attorneys 2:

William H. Haltom, Jr., and Margaret F. Cooper, Memphis, Tennessee, for the appellees, Women’s Care Center of Memphis, MPLLC d/b/a Ruch Clinic and Diane Long, M.D.

Judge(s): STAFFORD

This interlocutory appeal concerns the trial court’s grant of partial summary judgment to the Defendant/Appellee medical providers on various issues. The Plaintiff/Appellant couple filed a complaint for damages stemming from the medical providers’ failure to administer a RhoGAM injection during wife’s pregnancy. The couple alleged causes of action for compensatory damages associated with medical malpractice, negligent infliction of emotional distress, and disruption of family planning. The trial court granted summary judgment to the medical providers on the wife’s claim for future medical expenses, husband’s claim for negligent infliction of emotional distress, and the couple’s claim for disruption of family planning. The trial court declined to grant summary judgment on wife’s physical injury claim, her negligent infliction of emotional distress claim, and the claim that wife could present evidence of the disruption of her family planning as evidence in her negligent infliction of emotional distress claim. We reverse the trial court’s grant of summary judgment on wife’s claim for future medical expenses associated with future pregnancy and husband’s claim for negligent infliction of emotional distress, which he may support with evidence concerning the disruption of the couple’s family planning. The trial court’s ruling is affirmed in all other respects. Affirmed in part, reversed in part, and remanded.

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