Date:2007-07-03 Docket: 03-CV-245266CM2 Moore J. |>Link

Case involving missing hospital records in the case of a child who subsequently became very ill and disabled. Plaintiff alleges spoliation. "224] The plaintiffs also assert that non-preservation of documents in contravention of a duty to preserve the documents, whether the result of intentional or negligent acts or omissions, raises the doctrine of spoliation and an adverse inference against the defendants." "[237] Again I note that the absence of records has not hampered the plaintiffs' experts in reaching their conclusions. The available records are sufficient in number, nature and content, when read in concert with the evidence of the very people who saw Isaac that day, to establish that Isaac was healthy, not jaundiced and was feeding well at the time of his discharge on Sunday."