Intermountain Healthcare has prevailed in a lawsuit that alleged negligent doctors caused brain damage during a premature birth and accused the hospital chain of intimidating a witness to help win the case.
A Utah County jury on Nov. 21 ruled in favor of IHC at the conclusion of a 16-day trial for a case originating with the 1995 birth of Jared T. Wilson.
The boy's family alleged the medical staff at Utah Valley Regional Medical Center committed malpractice. The Wilson family filed a lawsuit in 2001 in 4th District Court.
The family found an expert witness to support their case, the husband of then-Brigham Young University nursing dean Elaine Marshall, according to court documents.
An IHC executive called Marshall in December 2004 and expressed concern about her husband, an obstetrician, being a witness and how his testimony could prove "embarrassing to her," according to court documents.
Marshall then spoke with her husband, John Marshall, and said she was worried about future IHC donations to BYU and mentioned that nursing students train at IHC facilities, court documents said.
Marshall's husband described the conversations in an affidavit filed with the court. But he later tried to withdraw the affidavit and other statements, saying he mistakenly recalled discussions his wife had had with the IHC director of risk management for Utah Valley Regional, Karie Minaga-Miya.
Marshall also denied being pressured by IHC and said the conversation with Minaga-Miya focused on IHC's conflict-of-interest policy. At the time, Marshall served on an IHC governing board.
A judge allowed testimony of the alleged witness intimidation, but it apparently was not enough to sway a jury in the plaintiff's favor.
An attorney for the Wilson family was not available for comment Monday. An attorney for IHC did not return a message seeking comment.
ncarlisle@sltrib.com


