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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
|title=Fargo couple want ban on female genital mutilation to include boys
|url=http://www.circumstitions.com/Law.html#flatt
== 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
|url=http://www.boystoo.com/press/flattpress.htm#Attorneys
|archived=
}}</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
|title=Order on Motions in Limine
|url=http://www.boystoo.com/legal/Order%20On%20Motions%20In%20Limine.pdf
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
|url=httphttps://www.cirp.org/news/theforum022003/2003-1402-03/14_theforum.php
|last=Baird
|first=Jeff
|coauthors=
|publisher=The Forum
|website=http://www.cirp.org[[CIRP]]
|date=2003-02-14
|accessdate=2020-07-20
}}</ref> served as expert witnesses for the defendants.
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
|url=httphttps://www.cirp.org/news/theforum072003/2003-0907-03/09_theforum.php
|last=Forster
|first=Dave
|coauthors=
|publisher=The Forum
|website=www.cirp.org[[CIRP]]
|date=2003-07-09
|accessdate=2020-07-20
}}</ref>
[[Zenas Baer]], attorney for the plaintiffs petitioned the court for a new trial.<ref name="forster2003" />
== Precedent ==
}}
* {{REFweb
|url=httphttps://www.cirp.org/news/theforum022003/2003-1402-03/14_theforum.php
|title=Hospital dismissed from circumcision lawsuit
|last=Baird