Marzol v Joubert; Marzol v Killen

Judgment

1. HIS HONOUR: By notice of motion filed on 6 February 2017, the defendant, Dr Killen seeks an order that four factually related proceedings be heard together. The application is that the proceedings be heard at the same time and that the evidence in each case be treated as evidence in all of the others. The several defendants support that proposal. The plaintiffs do not.

Background

1. There are four sets of proceedings, all of which were commenced in the District Court of New South Wales at Wagga Wagga on 13 November 2015. Ms Marzol is the plaintiff in three of them and her husband John Marzol is the plaintiff in the other. They are as follows: 1. Proceedings by John Marzol (2015/334931) against Dr Ettie Joubert (a gynaecologist and obstetrician), Dr Jacqui Stumpel (a radiologist) and Regional Imaging Riverina (the entity which undertook the ante-natal scans and imaging), alleging negligence and breach of contract in connection with the birth of Eve Marzol. In relation to Dr Joubert, the allegation is that he was not, but should have been, provided with information regarding testing for Down Syndrome and that if he had Ms Marzol would have had such testing, and would have elected to terminate her pregnancy upon diagnosis. In relation to Dr Stumpel and Regional Imaging Riverina the allegation is that there was a failure to diagnose Down Syndrome and a failure to "adequately interpret" the morphology scan. Mr Marzol alleges that the conduct of the defendants has caused him to suffer "anxiety", "depression" and "nervous shock". 2. Proceedings by Ms Marzol (2015/334945) against Dr Joubert, Dr Stumpel and Regional Imaging Riverina alleging negligence and breach of contract in connection with the birth of Eve Marzol. Ms Marzol alleges that the conduct of the defendants caused her to suffer "anxiety", "depression" and "nervous shock". 3. Proceedings by Ms Marzol (2015/334949) against Dr Joubert alleging that when she performed the caesarean section on 16 November 2012 she "failed to remove the entirety of the plaintiff's placenta thereby causing the plaintiff injury, loss and damage". Ms Marzol alleges that she suffered some physical injuries as well as "anxiety" and "depression". 4. Proceedings by Ms Marzol (2015/334990) against Dr Killen (an anaesthetist) alleging negligence and breach of contract in connection with the manner in which she "attempted to perform spinal anaesthetic at multiple sites on the plaintiff" and in which she "performed an epidural anaesthetic on the plaintiff" during the birth. Ms Marzol alleges that her conduct caused her physical injury to her "lumbar back", with referred neurological symptoms to her left leg and foot as well as "anxiety" and "depression".