Flatt v. Kantak and Meritcare - Revision history

WikiAdmin: fixed CIRP URLs

2024-06-19T09:51:18Z

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	Judge Rothe-Seeger dismissed the case against Meritcare Hospital after the plaintiffs called their last witness, leaving Dr. Kantak as the sole remaining defendant.<ref name="baird2003">{{REFnews		Judge Rothe-Seeger dismissed the case against Meritcare Hospital after the plaintiffs called their last witness, leaving Dr. Kantak as the sole remaining defendant.<ref name="baird2003">{{REFnews
	\|title=Hospital dismissed from circumcision lawsuit		\|title=Hospital dismissed from circumcision lawsuit
	\|url=~~http~~://www.cirp.org/news/~~theforum02~~-14-~~03/~~		\|url=https://www.cirp.org/news/2003/2003-02-14_theforum.php
	\|last=Baird		\|last=Baird
	\|first=Jeff		\|first=Jeff
	\|coauthors=		\|coauthors=
	\|publisher=The Forum		\|publisher=The Forum
	\|website=~~http://www.cirp.org~~		\|website=[[CIRP]]
	\|date=2003-02-14		\|date=2003-02-14
	\|accessdate=2020-07-20		\|accessdate=2020-07-20
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	The jury ruled that Dr. Kantak was not negligent in in explaining the [[Circumcision_risks\| risks of circumcision]] to Anita Flatt for her newborn son, Josiah.<ref name="forster2003">{{REFnews		The jury ruled that Dr. Kantak was not negligent in in explaining the [[Circumcision_risks\| risks of circumcision]] to Anita Flatt for her newborn son, Josiah.<ref name="forster2003">{{REFnews
	\|title=Judge hears circumcision trial request		\|title=Judge hears circumcision trial request
	\|url=~~http~~://www.cirp.org/news/~~theforum07~~-09-~~03/~~		\|url=https://www.cirp.org/news/2003/2003-07-09_theforum.php
	\|last=Forster		\|last=Forster
	\|first=Dave		\|first=Dave
	\|coauthors=		\|coauthors=
	\|publisher=The Forum		\|publisher=The Forum
	\|website=~~www.cirp.org~~		\|website=[[CIRP]]
	\|date=2003-07-09		\|date=2003-07-09
	\|accessdate=2020-07-20		\|accessdate=2020-07-20
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	}}		}}
	* {{REFweb		* {{REFweb
	\|url=~~http~~://www.cirp.org/news/~~theforum02~~-14-~~03/~~		\|url=https://www.cirp.org/news/2003/2003-02-14_theforum.php
	\|title=Hospital dismissed from circumcision lawsuit		\|title=Hospital dismissed from circumcision lawsuit
	\|last=Baird		\|last=Baird

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	}}</ref>		}}</ref>

	Zenas Baer, attorney for the plaintiffs petitioned the court for a new trial.<ref name="forster2003" />		[[Zenas Baer]], attorney for the plaintiffs petitioned the court for a new trial.<ref name="forster2003" />

	== Precedent ==		== Precedent ==

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	\|Author=Judge Cynthia Rothe-Seeger		\|Author=Judge Cynthia Rothe-Seeger
	}}		}}

			{{SEEALSO}}
			* [[Informed consent]]

	{{LINKS}}		{{LINKS}}

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 {{LINKS}}
-* http://www.circumstitions.com/Law.html
+* {{REFweb
-* http://arclaw.org/resources/articles/circumcision-case-proceed-trial
+ |url=http://www.circumstitions.com/Law.html
-* http://www.cirp.org/news/theforum02-14-03/
+ |title=After 13 years, justice for boy left brain-damaged after circumcision
-* http://www.boystoo.com/legal/informconsent1.htm
+ |date=2000-03-08
-* http://www.boystoo.com/press/flattpress.htm
+ |accessdate=2022-02-24
 {{ABBR}}

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	}}</ref>		}}</ref>

			== Case ==
	Anita Flatt gave birth to a son early on 6 March 1997. That evening, a nurse asked Anita Flatt to sign a consent form to permit the [[circumcision]] of newborn Josiah Flatt. The Flatts allege that the consent form was deficient in not stating the benefits or the risks of the procedure. According to the lawsuit, Flatt was still on medication and in great pain at the time the consent form was presented.<ref name="forum1999" />		Anita Flatt gave birth to a son early on 6 March 1997. That evening, a nurse asked Anita Flatt to sign a consent form to permit the [[circumcision]] of newborn Josiah Flatt. The Flatts allege that the consent form was deficient in not stating the benefits or the risks of the procedure. According to the lawsuit, Flatt was still on medication and in great pain at the time the consent form was presented.<ref name="forum1999" />

			== Trial ==
	Presiding Judge Cynthia Rothe-Seeger denied a motion for summary judgment and said the case may proceed to trial on 3 February 2003. The precedent setting decision confirms that a baby who is circumcised can sue his doctor when he reaches age of majority, even if there was parental consent for the circumcision, and even if the results are considered to be 'normal.’ [[J. Steven Svoboda]], executive director of [[Attorneys for the Rights of the Child]] (ARC) commented, "This is the latest in a series of warnings to doctors who still circumcise: proceed at your peril, because even if you get parental consent and do a standard job of the circumcision, the child can still grow up and sue you for taking away part of his penis."<ref>{{REFweb		Presiding Judge Cynthia Rothe-Seeger denied a motion for summary judgment and said the case may proceed to trial on 3 February 2003. The precedent setting decision confirms that a baby who is circumcised can sue his doctor when he reaches age of majority, even if there was parental consent for the circumcision, and even if the results are considered to be 'normal.’ [[J. Steven Svoboda]], executive director of [[Attorneys for the Rights of the Child]] (ARC) commented, "This is the latest in a series of warnings to doctors who still circumcise: proceed at your peril, because even if you get parental consent and do a standard job of the circumcision, the child can still grow up and sue you for taking away part of his penis."<ref>{{REFweb
	\|url=http://www.boystoo.com/press/flattpress.htm#Attorneys		\|url=http://www.boystoo.com/press/flattpress.htm#Attorneys
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	Zenas Baer, attorney for the plaintiffs petitioned the court for a new trial.<ref name="forster2003" />		Zenas Baer, attorney for the plaintiffs petitioned the court for a new trial.<ref name="forster2003" />

			== Precedent ==
			{{Citation
			\|Title=Precedent
			\|Text=A baby who is circumcised can sue his doctor when he reaches age of majority, even if there was parental consent for the circumcision, and even if the results are considered to be 'normal.'
			\|Author=Judge Cynthia Rothe-Seeger
			}}

	{{LINKS}}		{{LINKS}}

	* http://www.circumstitions.com/Law.html		* http://www.circumstitions.com/Law.html
	* http://arclaw.org/resources/articles/circumcision-case-proceed-trial		* http://arclaw.org/resources/articles/circumcision-case-proceed-trial
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	[[Category:Litigation]]		[[Category:Litigation]]
	[[Category:Litigation over circumcision]]		[[Category:Litigation over circumcision]]
			[[Category:Precedent]]

	[[Category:From IntactWiki]]		[[Category:From IntactWiki]]

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	\|date=2002-02-27		\|date=2002-02-27
	\|accessdate=2020-07-20		\|accessdate=2020-07-20
	}}</ref> and George Kaplan, {{MD}},<ref name="kaplan2002">{{REFdocument		}}</ref> and [[George W. Kaplan]], {{MD}},<ref name="kaplan2002">{{REFdocument
	\|title=Deposition of George Kaplan, M.D.		\|title=Flatt vs. Kantak 3: Deposition of George Kaplan, M.D.
	\|url=http://www.boystoo.com/legal/kaplandepo.htm		\|url=http://web.archive.org/web/20030606035353/http://www.boystoo.com/legal/kaplandepo.htm
			\|archived=yes
	\|contribution=		\|contribution=
	\|last=Kaplan		\|last=Kaplan
	\|first=George		\|first=George W.
			\|init=GW
			\|author-link=George W. Kaplan
	\|publisher=Vogel Law Firm		\|publisher=Vogel Law Firm
	\|format=		\|format=

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	\|accessdate=2020-07-20		\|accessdate=2020-07-20
	}}</ref> and George Kaplan, {{MD}},<ref name="kaplan2002">{{REFdocument		}}</ref> and George Kaplan, {{MD}},<ref name="kaplan2002">{{REFdocument
	\|title=Deposition of George Kaplan, ~~{{MD}}~~		\|title=Deposition of George Kaplan, M.D.
	\|url=http://www.boystoo.com/legal/kaplandepo.htm		\|url=http://www.boystoo.com/legal/kaplandepo.htm
	\|contribution=		\|contribution=
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	* http://www.boystoo.com/press/flattpress.htm		* http://www.boystoo.com/press/flattpress.htm

			{{ABBR}}
	{{REF}}		{{REF}}

WikiAdmin: wikify Christopher J. Cold

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	}}</ref>		}}</ref>

	[[Robert S. Van Howe]], {{MD}}, Christopher Cold, {{MD}}, and Eileen Wayne, {{MD}}, served as expert witnesses for the plaintiffs.		[[Robert S. Van Howe]], {{MD}}, [[Christopher J. Cold]], {{MD}}, and Eileen Wayne, {{MD}}, served as expert witnesses for the plaintiffs.

	Judge Rothe-Seeger dismissed the case against Meritcare Hospital after the plaintiffs called their last witness, leaving Dr. Kantak as the sole remaining defendant.<ref name="baird2003">{{REFnews		Judge Rothe-Seeger dismissed the case against Meritcare Hospital after the plaintiffs called their last witness, leaving Dr. Kantak as the sole remaining defendant.<ref name="baird2003">{{REFnews

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	}}</ref>		}}</ref>

	[[Robert S. Van Howe]], MD, Christopher Cold, MD, and Eileen Wayne, MD, served as expert witnesses for the plaintiffs.		[[Robert S. Van Howe]], {{MD}}, Christopher Cold, {{MD}}, and Eileen Wayne, {{MD}}, served as expert witnesses for the plaintiffs.

	Judge Rothe-Seeger dismissed the case against Meritcare Hospital after the plaintiffs called their last witness, leaving Dr. Kantak as the sole remaining defendant.<ref name="baird2003">{{REFnews		Judge Rothe-Seeger dismissed the case against Meritcare Hospital after the plaintiffs called their last witness, leaving Dr. Kantak as the sole remaining defendant.<ref name="baird2003">{{REFnews
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	}}</ref>		}}</ref>

	The [https://www.vogellaw.com/ Vogel Law Firm] represented the defendants. Craig Shoemaker, MD,<ref name="shoemaker2002">{{REFdocument		The [https://www.vogellaw.com/ Vogel Law Firm] represented the defendants. Craig Shoemaker, {{MD}},<ref name="shoemaker2002">{{REFdocument
	\|title=Deposition of Craig Shoemaker		\|title=Deposition of Craig Shoemaker
	\|url=http://www.boystoo.com/legal/shoemakerdepo.htm		\|url=http://www.boystoo.com/legal/shoemakerdepo.htm
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	\|date=2002-02-27		\|date=2002-02-27
	\|accessdate=2020-07-20		\|accessdate=2020-07-20
	}}</ref> and George Kaplan, MD,<ref name="kaplan2002">{{REFdocument		}}</ref> and George Kaplan, {{MD}},<ref name="kaplan2002">{{REFdocument
	\|title=Deposition of George Kaplan, MD		\|title=Deposition of George Kaplan, {{MD}}
	\|url=http://www.boystoo.com/legal/kaplandepo.htm		\|url=http://www.boystoo.com/legal/kaplandepo.htm
	\|contribution=		\|contribution=

← Older revision		Revision as of 19:01, 28 October 2023
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	'''Flatt v. Kantak and Meritcare''' is a 1999 North Dakota case. The parents of Josiah Flatt sued in [https://www.ndcourts.gov/court-locations/cass-county Cass County District Court], Civil Case No. 99-3761, Dr. [https://www.sanfordhealth.org/doctors/sunita-kantak Sunita Kantak] who circumcised Josiah Flatt and [https://library.ndsu.edu/fargo-history/?q=content/fargo-clinic-and-meritcare-health-system Meritcare Hospital of Fargo] where he was circumcised. The plaintiffs were represented by [[Zenas Baer]] of Hawley, Minnesota.<ref name="forum1999">{{REFnews		'''Flatt v. Kantak and Meritcare''' is a 1999 North Dakota case. The parents of Josiah Flatt sued in [https://www.ndcourts.gov/court-locations/cass-county Cass County District Court], Civil Case No. 99-3761, Dr. [https://www.sanfordhealth.org/doctors/sunita-kantak Sunita Kantak] who circumcised Josiah Flatt and [https://library.ndsu.edu/fargo-history/?q=content/fargo-clinic-and-meritcare-health-system Meritcare Hospital of Fargo] where he was [[circumcised]]. The plaintiffs were represented by [[Zenas Baer]] of Hawley, Minnesota.<ref name="forum1999">{{REFnews
	\|title=Fargo couple want ban on female genital mutilation to include boys		\|title=Fargo couple want ban on female genital mutilation to include boys
	\|url=http://www.circumstitions.com/Law.html#flatt		\|url=http://www.circumstitions.com/Law.html#flatt
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	== Trial ==		== Trial ==
	Presiding Judge Cynthia Rothe-Seeger denied a motion for summary judgment and said the case may proceed to trial on 3 February 2003. The precedent setting decision confirms that a baby who is circumcised can sue his doctor when he reaches age of majority, even if there was parental consent for the circumcision, and even if the results are considered to be 'normal.’ [[J. Steven Svoboda]], executive director of [[Attorneys for the Rights of the Child]] (ARC) commented, "This is the latest in a series of warnings to doctors who still circumcise: proceed at your peril, because even if you get parental consent and do a standard job of the circumcision, the child can still grow up and sue you for taking away part of his penis."<ref>{{REFweb		Presiding Judge Cynthia Rothe-Seeger denied a motion for summary judgment and said the case may proceed to trial on 3 February 2003. The precedent setting decision confirms that a baby who is [[circumcised]] can sue his doctor when he reaches age of majority, even if there was parental consent for the [[circumcision]], and even if the results are considered to be 'normal.’ [[J. Steven Svoboda]], executive director of [[Attorneys for the Rights of the Child]] (ARC) commented, "This is the latest in a series of warnings to doctors who still circumcise: proceed at your peril, because even if you get parental consent and do a standard job of the circumcision, the child can still grow up and sue you for taking away part of his penis."<ref>{{REFweb
	\|url=http://www.boystoo.com/press/flattpress.htm#Attorneys		\|url=http://www.boystoo.com/press/flattpress.htm#Attorneys
	\|archived=		\|archived=
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	}}</ref>		}}</ref>

	Judge Rothe-Seeger issued an order in limine to exclude from the evidence presented pictures of a circumcision, the circumcision instruments, and other matters.<ref>{{REFdocument		Judge Rothe-Seeger issued an order in limine to exclude from the evidence presented pictures of a [[circumcision]], the circumcision instruments, and other matters.<ref>{{REFdocument
	\|title=Order on Motions in Limine		\|title=Order on Motions in Limine
	\|url=http://www.boystoo.com/legal/Order%20On%20Motions%20In%20Limine.pdf		\|url=http://www.boystoo.com/legal/Order%20On%20Motions%20In%20Limine.pdf
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	}}</ref> served as expert witnesses for the defendants.		}}</ref> served as expert witnesses for the defendants.

	The jury ruled that Dr. Kantak was not negligent in in explaining the risks of circumcision to Anita Flatt for her newborn son, Josiah.<ref name="forster2003">{{REFnews		The jury ruled that Dr. Kantak was not negligent in in explaining the [[Circumcision_risks\| risks of circumcision]] to Anita Flatt for her newborn son, Josiah.<ref name="forster2003">{{REFnews
	\|title=Judge hears circumcision trial request		\|title=Judge hears circumcision trial request
	\|url=http://www.cirp.org/news/theforum07-09-03/		\|url=http://www.cirp.org/news/theforum07-09-03/