Are you opposing counsel to Simon Law? | I've got the Gold

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With regard to The Simon Law Firm P.C. and that also of Gunn | Slater law firm here in II present the entire trial court transcript with regard to the R.A., Sarah, Blake Anyan v Mercy Hospital East - Dr. Daniel McNeive that resulted in a 48.1 million dollar jury award at the conclusion of trial.

This trial court transcript is comprised of approximately 3,000 pages of trial court testimony rendered in two parts that was recovered by Albert B. Pepper Jr. d/b/a/ Phoenix Rising Productions LLC after the trial court results were unsealed and made publicly available on Casenet Mo. 

This is an invaluable resource for any defense counsel in a birth injury, medical malpractice complaint whereas it will give insights into the case theory, trial court strategy, direct, cross and redirect of witnesses, 

Key features are identities of the expert witness that were retains by The Simon Law Firm P.C. and Gunn | Slater Law Firm and how they presented at trial and what techniques were employed to corroborate or impeach the testimony of any and all witness and evidence.

For the sake of transparency to all who have an interest into medical malpractice tort litigation and to the consumer in general these trial court transcripts are presented for the edification for anyone who may benefit therefrom.

Sincerely,

Albert B. Pepper Jr. - Phoenix Rising Productions LLC

Extract from Volume - 1

Key Case Information

• Full Case Name: R.A., a minor, by and through His Next Friends, SARAH ANYAN and BLAKE ANYAN, Plaintiffs/Respondents vs. MERCY HOSPITALS EAST COMMUNITIES d/b/a MERCY HOSPITAL ST. LOUIS, MERCY CLINIC EAST COMMUNITIES d/b/a MERCY CLINIC OB/GYN, and DR. DANIEL MCNEIVE, Defendants/Appellants
• Appeal No.: ED113824
• Trial Court Cause No.: 21SL-CC03944
• Court: Missouri Court of Appeals, Eastern District (appeal); Circuit Court of the Twenty-First Judicial Circuit, Division 18 (trial, St. Louis County)
• Trial Dates: March 11–25, 2025 (main trial); post-trial motions through December 4, 2025
• Trial Reporter: Melissa A. Schardan, CCR #0743, Official Court Reporter
• Nature of Case: Medical malpractice / birth injury lawsuit. Minor plaintiff R.A. (referred to as Remi in transcript) alleges cerebral palsy and lifelong disabilities resulted from negligent labor/delivery management, fetal monitoring, resuscitation, and Apgar scoring at Mercy Hospital St. Louis. Key disputed issues: Apgar score accuracy (especially respiratory and tone components, CPAP use), causation (intrapartum vs. postnatal), and damages (life care plan, life expectancy).

Parties

• Plaintiff: R.A. (minor child with cerebral palsy)
• Next Friends / Parents: Sarah Anyan (mother) and Blake Anyan (father)
• Defendants:
  • Mercy Hospitals East Communities d/b/a Mercy Hospital St. Louis
  • Mercy Clinic East Communities d/b/a Mercy Clinic OB/GYN
  • Dr. Daniel McNeive (OB/GYN defendant)

Plaintiffs’ Trial Attorneys (Gunn | Slater)

• Amy Collignon Gunn (lead)
• Erica Slater
• Elizabeth Lenivy (The Simon Law Firm, P.C.)

Defendants’ Trial Attorneys

• For Mercy Hospitals East Communities d/b/a Mercy Hospital St. Louis: Mandy J. Kamykowski (lead), Erin N. Pfirrman (Kamykowski & Taylor P.C.)
• For Mercy Clinic East Communities d/b/a Mercy Clinic OB/GYN and Dr. Daniel McNeive: David M. Perron, Philip L. Willman (Brown & James P.C.)

Key Witnesses (from trial index, with role and brief description)

• Heidi Shinn, R.N. – Plaintiffs’ nursing expert (direct by Ms. Gunn; testified on labor/delivery standards, Apgar scoring, CPAP/resuscitation).
• Steven L. Warsof, M.D. – Plaintiffs’ expert (obstetrics/fetal monitoring; multiple days of testimony).
• Leslie Kerzner, M.D. – Plaintiffs’ neonatology expert (key figure in sanctions motion; new opinion on Apgar score based on late-produced delivery-room photos showing mask/CPAP).
• Blake Anyan – Plaintiff next friend / father (fact witness on damages and events).
• Sarah Anyan – Plaintiff next friend / mother (fact witness; medical professional).
• Stephen Nelson, M.D. – Plaintiffs’ expert.
• Gordon Sze, M.D. – Plaintiffs’ expert.
• Aylin Tekes, M.D. – Defense witness.
• Brian Woodruff, M.D. – Defense expert.
• Gary Dreyer, M.D. – Defense expert.
• Daniel McNeive, M.D. – Defendant OB/GYN physician (fact and expert testimony).
• Joseph Cantey, M.D. – Defense neonatologist (defended Apgar scoring even with CPAP).
• Mark Landon, M.D. – Defense expert (multiple days).
• Robert Shavelle, M.D. – Defense life expectancy / cerebral palsy statistics expert.
• Maggie Hilt-McLeland, R.N. – Defense nursing witness.
• Dennis Jerome Matthews, M.D. – Defense expert.
• Adriane Burgess, Ph.D. – Defense life care planner.
• Post-trial / additional: Joseph Crawford, Philip Willman, Mandy Kamykowski, Erica Slater (attorneys on post-trial motions); Mary Spencer Younger (non-party NICU nurse practitioner who assigned Apgar scores).

Key Exhibits / Evidence Categories (selected high-impact from index)

• Plaintiffs’ Group Exhibits 1–8: Medical charts, prenatal records, Dr. McNeive notes, text communications.
• Delivery room photos/videos (Ex. 60-1, 62-1, 63-1, etc.): Central to sanctions motion; metadata revealed thousands of late-produced images/videos showing mask/CPAP at 5-minute Apgar time.
• Fetal monitoring strips, ACOG guidelines, life care plans, life expectancy reports (Shavelle).
• Defense exhibits: Demonstratives, blow-ups of texts, policies, CVs.

Critical Procedural / Evidentiary Issues (from opening transcript)

• Sanctions Motion (renewed March 11, 2025): Defense sought striking pleadings or exclusion of evidence for plaintiffs’ late production of ~2,800 family photos/videos (requested since 2021). New Dr. Kerzner opinion (Apgar 6 instead of 8 due to CPAP/mask) emerged <24 hours before trial, altering causation defense. Court had previously ordered production and supplemental deposition.
• Core Dispute: Whether Apgar score was correctly assigned (respiratory/tone components affected by CPAP); impact on cord gases, neurological exams, and causation of brain injury.
• Damages: Life care plan, future care costs, life expectancy for child with cerebral palsy.

This extraction covers all named individuals, entities, numbers, and key elements appearing in the cover, index, and first ~35 pages of transcript (pretrial sanctions argument). The document contains 3,107+ total pages across two volumes.

Extract from Volume - 2 

Key Case Information (Volume 2 of 2)

• Full Case Name: R.A., a minor, by and through His Next Friends, SARAH ANYAN and BLAKE ANYAN, Plaintiffs/Respondents vs. MERCY HOSPITALS EAST COMMUNITIES d/b/a MERCY HOSPITAL ST. LOUIS, MERCY CLINIC EAST COMMUNITIES d/b/a MERCY CLINIC OB/GYN, and DR. DANIEL MCNEIVE, Defendants/Appellants
• Appeal No.: ED113824
• Trial Court Cause No.: 21SL-CC03944
• Court: Missouri Court of Appeals, Eastern District (appeal); Circuit Court of the Twenty-First Judicial Circuit, Division 18 (trial, St. Louis County)
• Trial Dates (Volume 2): March 19–25, 2025 (defense evidence through closing); post-trial motions: May 5, May 20, May 22, July 15, September 17, December 4, 2025
• Trial Reporter: Melissa A. Schardan, CCR #0743, Official Court Reporter
• Nature of Case: Medical malpractice / birth injury (cerebral palsy). Volume 2 covers defendants’ expert witnesses (starting with pediatric neurology), rebuttal, closing arguments, and post-trial motions. Core dispute remains timing/causation of brain injury (plaintiffs claim acute intrapartum hypoxia in final 14–30 minutes; defense claims pre-delivery or inconsistent with Apgar 8 and clinical presentation).

Parties (identical to Volume 1)

• Plaintiff: R.A. (minor, “Remi” in transcript)
• Next Friends / Parents: Sarah Anyan & Blake Anyan
• Defendants: Mercy Hospitals East Communities d/b/a Mercy Hospital St. Louis; Mercy Clinic East Communities d/b/a Mercy Clinic OB/GYN; Dr. Daniel McNeive

Plaintiffs’ Trial Attorneys

• Amy Collignon Gunn (lead)
• Erica Slater
• Elizabeth Lenivy (The Simon Law Firm, P.C.)

Defendants’ Trial Attorneys

• Mercy Hospitals: Mandy J. Kamykowski (lead), Erin N. Pfirrman (Kamykowski & Taylor P.C.)
• Mercy Clinic & Dr. McNeive: David M. Perron, Philip L. Willman (Brown & James P.C.)

Key Witnesses in Volume 2 (new or continued testimony)

• Brian Woodruff, M.D. – Defense pediatric neurologist expert (direct by Mr. Perron, pages 1579–1595+). Board-certified (American Board of Psychiatry & Neurology, special qualification in child neurology). Professor at University of Illinois. Opines: (1) Remi’s severe brain injury did not occur in the last 30 minutes before delivery; (2) Apgar 8 at 5 minutes is reassuring and inconsistent with acute global hypoxic-ischemic injury (would expect 5-minute Apgar ≤5 and far more resuscitation); (3) babies with acute severe hypoxia show very low Apgars, profound resuscitation needs, and cannot “bounce back” in minutes; (4) brain stem/primitive areas injured first in acute hypoxia; ATP depletion requires time to recover. Extensive clinical experience (weekly NICU consults) and literature review.
• Subsequent Witnesses (per index, pages 1627+): Gary Dreyer, M.D.; Daniel McNeive, M.D. (defendant physician); Joseph Cantey, M.D. (defense neonatologist); Mark Landon, M.D. (resumed); Robert Shavelle, M.D. (life expectancy/cerebral palsy); Maggie Hilt-McLeland, R.N.; Dennis Jerome Matthews, M.D.; Adriane Burgess, Ph.D. (life care planner).
• Post-Trial Witnesses/Motions Testimony: Joseph Crawford; Philip Willman; Mandy Kamykowski; Erica Slater (attorneys testifying on post-trial motions, sanctions, etc.).

Key Exhibits / Evidence Categories (same as Volume 1 index, with emphasis in Vol 2)

• Delivery-room photos/videos with metadata (Ex. 60-1, 62-1, 63-1) – central to Apgar/CPAP dispute.
• Fetal monitoring strips, ACOG guidelines, Shavelle life-expectancy reports, life care plans (Burgess).
• Defense demonstratives (Ex. B, C, D), CVs, policies.

Critical Procedural / Evidentiary Issues Highlighted in Volume 2

• Defense Causation Theory: Injury timing predates final minutes of labor (inconsistent with Apgar 8, clinical appearance, and rapid recovery). Direct attack on plaintiffs’ experts (Kerzner, Warsof, Nelson).
• Objection/Sidebar (pages 1587–1590): Plaintiffs (Ms. Slater/Gunn) objected to Dr. Woodruff referencing “Pasternak” literature on hypoxic injury without producing the specific article. Court sustained objection to unnamed articles but allowed general clinical-experience testimony.
• Post-Trial Motions: Extensive hearings (May–December 2025) on sanctions (late photo production), new opinions, punitive damages arguments, and judgment motions.
• Overall Theme: Volume 2 shifts to defendants’ rebuttal of plaintiffs’ intrapartum-hypoxia theory, heavy reliance on neurology, Apgar scoring, and literature/clinical experience to argue injury was not caused by defendants’ care in the final minutes.

This extraction covers the cover, full index, and first ~35 transcribed pages of Volume 2 (Woodruff direct exam + sidebar). The document totals ~3,107 pages across both volumes; remaining pages continue defense witnesses, closings, and post-trial proceedings. All case identifiers and core parties are identical to Volume 1.

In conclusion: This is a furth continuation of the work of Albert B. Pepper Jr. d/b/a Phoenix Rising Productions LLC in his consumer advocacy, citizen journalist modality for the purpose of civil tort litigation transparency and in the interest of the consumer and public good.

Albert B. Pepper Jr. - Phoenix Rising Productions LLC

Albert B. Pepper Jr. is a member in good standing with The Society of Professional Journalists.