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SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES
JUDGE 1 THE CIRCLE, SUITE 2 SUSSEX C OUN TY C OUR THO USE GEOR GETO WN , DE 19947

August 19, 2009

Michael D. Carr, Esquire 19716 Sea Air Avenue Rehoboth Beach, DE 19971 Jeffrey M. Austin, Esquire Colleen D. Shields, Esquire Elzufon Austin Reardon Tarlov & Mondell, P.A. 300 Delaware Avenue, Suite 1700 P.O. Box 1630 Wilmington, DE 19899 Re: Vogel v. Duran, et al. C.A. No. 08C-02-034-RFS

Dear Counsel: This is a wrongful death medical malpractice action arising from the death of a newborn, Kyle Vogel ("Vogel"). After his birth on September 28, 2006 at Nanticoke Memorial Hospital, he suffered from hypoglycemia. Vogel was sent to Kent General Hospital ("KGH") where an umbilical venous line ("UVL") was inserted to treat that condition. A Neonatal Nurse Practitioner ("NNP") is privileged by KGH protocol to insert UVLs and to review chest x-rays to confirm safe placement. Three x-rays were taken between September 29 and October 1, 2006, and they showed that the UVL was

misplaced. A major dispute exists whether the line was actually readjusted to pull it back from a dangerous position and, if readjusted, whether the UVL migrated. On October 1, 2006, Vogel suffered cardiac arrest and tampanade which resulted in his death. The parties filed motions in limine. After considering them and the positions expressed at oral argument on Tuesday, August 11, 2009, the following rulings are made: (i) Defendant's Motion to Exclude Plaintiffs' Standard of Care Expert - Denied. Dr. Harris Jacobs is Plaintiffs' sole standard of care expert. Delaware law requires an expert to testify about the appropriate standard of care and how it was violated in order to present a medical malpractice claim. 18 Del.C.

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