Mercy Clinic East Communities, Bryan Menges, D.O., James D. Cassat, M.D., and Mercy Hospitals East Communities Missouri Cases

Carol Lowe, as personal representative of Vincent Lowe's estate, was involved in a medical negligence action against Mercy Clinic East Communities and other defendants. After a jury verdict for Mr. Lowe, a prior appeal (Lowe I) affirmed most of the damages but remanded for recalculation of future medical damages and an immediate lump sum for attorney's fees. Mr. Lowe died after Lowe I was issued but before its mandate. On remand, the trial court entered an amended judgment awarding attorney's fees, litigation expenses, and medical damages for the period Mr. Lowe lived. The appellate court affirmed the trial court's amended judgment, finding it conformed to the mandate in Lowe I and did not violate the American Rule or section 538.220.5.