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IN THE COURT OF APPEALS OF IOWA No. 1-861 / 11-0335 Filed December 21, 2011

OLIVE M. MWANGI, Plaintiff, and ALLENMATTHEW KIMATHI, A Minor by His Next Friend Olive M. Mwangi, Plaintiff-Appellant, vs. KATHLEEN J. FOSTER-WENDEL and MCFARLAND CLINIC, P.C., Defendants-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Story County, William J. Pattinson, Judge.

The plaintiff appeals from an adverse verdict in this medical malpractice action. AFFIRMED.

Patrick G. Vickers of Vickers Law Office, Greene, for appellant. Eric G. Hoch and Connie L. Diekema of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellees.

Heard by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.

2 POTTERFIELD, J. The plaintiff, AllenMatthew Kimathi, appeals from an adverse verdict in this medical malpractice action, contending the district court erred in denying motions for directed verdict and for new trial. Because there was conflicting expert testimony as to whether the standard of care was breached, the district court did not err in sending the case to the jury or abuse its discretion in denying the motion for new trial. We affirm. I. Background Facts and Proceedings. Olive Mwangi gave birth to AllenMatthew Kimathi on June 26, 2001. On June 27, 2001, Dr. Kathleen Foster-Wendel performed a circumcision on Kimathi. When the Gomco clamp used during the procedure was removed,

Dr. Foster-Wendel noted a circumferential laceration, which was repaired with six sutures. Excess foreskin remained after the circumcision. At age seven, Kimathi underwent a revision of the circumcision to remove the excess foreskin and relieve phimosis.1 On April 28, 2009, Mwangi filed this action on behalf of herself and Kimathi alleging Dr. Foster-Wendel was negligent in performing the 2001 circumcision. Mwangi was dismissed as a plaintiff on May 14, 2010.2 Kimathi's claim proceeded to jury trial on October 12, 2010. Dr. Foster-Wendel testified she was a board-certified pediatrician and had performed hundreds of circumcisions. She stated "one to five in 200 children

1

Phimosis is defined as "[a]n abnormal constriction of the foreskin that prevents it from being drawn back to uncover the glans." American Heritage College Dictionary 1045

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