Created on Thursday, 05 December 2013 Written by THE BELLEFONTAINE EXAMINER STAFF
LIMA — A Kenton woman has filed a lawsuit against three local doctors and their practice accusing them of failing to deliver her son before he outgrew his mother’s womb and died.
Ashley Diego filed the lawsuit individually and on behalf of the estate of her deceased son, Darrick Diego. She named as defendants Dr. Scott Stallkamp, Dr. Charles Ryan, Dr. James Kahn, and the OB/GYN Specialists of Lima.
She is seeking more than $25,000 saying she incurred medical and funeral expenses, as well as suffered mental anguish and emotional distress from her son’s death.
The doctors answered the lawsuit through their attorney, denying any negligence and asking for the action to be dismissed. They said Diego failed to state a valid claim.
The doctors said Diego is barred by the statue of limitation to file a lawsuit. Her son died June 19, 2009. Although they deny any negligence, they said if there was any it was caused by Diego, herself.
Diego said her son weighed 13 pounds, 12 ounces, when he was delivered. The document said the Centers for Disease Control growth chart for boys from birth to 36 months indicated Darrick was nearly in the 75th percentile for a 3-month old at the time of his birth, according to the lawsuit.
Diego said she contracted the doctors and their practice for professional diagnosis, attention and treatment. She said the standards of care fell beyond acceptable levels.