IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STACIA VICK and CHADWICK VICK, C.A. No. K17C-09-007 NEP Plaintiffs, In and for Kent County V. DR. NASREEN KHAN and KHAN OBSTETRICS AND GYNECOLOGY ASSOCIATES, P.A., Defendants. New Neue Nee” ee Nee” ee” ee “ee” ee” ee’ ee” ee’ ee” Submitted: October 25, 2019 Decided: November 15, 2019 MEMORANDUM OPINION AND ORDER Upon Former Defendants Bayhealth, Inc., Bayhealth Medical Center, Inc., and Kent General Hospital's Motion in Limine to Preclude Any Evidence Regarding Negligent Supervision and Training DENIED AS MOOT Upon Former Defendants Bayhealth, Inc., Bayhealth Medical Center, Inc., and Kent General Hospital's Motion in Limine to Preclude Expert Testimony from David Berry, M.D., Regarding Medical Ethics DENIED AS MOOT Upon Defendants Nasreen Khan, DO, and Khan Obstetrics and Gynecology Associates, PA’s (Improperly named as Khan and Associates, PA), Motion in Limine to Preclude Testimony and Evidence Unsupported by a Medical Expert Causation Opinion GRANTED Upon Plaintiffs’ Motion to Preclude Bayhealth from Treating Danielle Teal as a Client Instead of a Witness DENIED AS MOOT Upon Plaintiffs’ Motion to Limit the Number of Defendants’ Peremptory Challenges DENIED AS MOOT Upon Plaintiffs’ Motion to Preclude Evidence of Plaintiff Stacia Vick’s Mental State or Incompetency DENIED AS MOOT Upon Plaintiffs’ Motion to Preclude Evidence that Plaintiff Stacia Vick Assumed the Risk or Gave Implied Consent for the Hysterectomy DENIED AS MOOT Upon Plaintiffs’ Motion to Preclude Evidence Regarding Plaintiff Stacia Vick’s Immigration Status and Employment Status, and Either Plaintiff's Receipt of Government Benefits DENIED AS MOOT Upon Plaintiffs’ Motion to Limit the Number of Defendants’ Experts to One Each DENIED Upon Plaintiffs’ Motion to Preclude Evidence Regarding the Care and Treatment of Plaintiffs’Minor Child DENIED Upon Plaintiffs’ Motion to Preclude Questioning Regarding Privileged Communications Between Plaintiffs DEFERRED Upon Plaintiffs’ Daubert Motion and Motion in Limine Regarding David Schwartz, M.D. DENIED Upon Plaintiffs’ Daubert Motion and Motion in Limine Regarding Daniel Small, M.D. DENIED Stacia Vick and Chadwick Vick, Plaintiffs, Pro se. Thomas J. Marcoz, Jr., Esquire and Catherine M. Cramer, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, for Defendants Nasreen Khan, DO and Khan Obstetrics and Gynecology Associates, PA. Primos, J. Before the Court are several motions in limine including (1) a motion to preclude any evidence regarding negligent supervision and training filed by Defendants Bayhealth Inc., Bayhealth Medical Center, Inc., and Kent General Hospital (hereinafter collectively “Bayhealth”); (2) a motion to preclude expert testimony from Dr. Berry regarding the issue of medical ethics filed by Bayhealth and joined in by Defendants Nasreen Khan, DO, and Khan Obstetrics and Gynecology Associates, PA (hereinafter collectively the “Khan Defendants”); (3) a motion to preclude testimony and evidence unsupported by a medical expert causation opinion filed by the Khan Defendants; and ten (10) motions in limine filed by Plaintiffs Stacia Vick and Chadwick Vick (hereinafter “Plaintiffs”), which will be discussed in more detail below. This opinion sets forth the Court’s decision on the motions following oral argument on October 25, 2019. The Court refers the parties ...
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