Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-0697

For summaries from opinions prior to August, 2018, view PDF versions here

Zaw v. Birusingh

Zaw Zaw, Plaintiff-Appellee,


Kevin Birusingh, M.D., and The Iowa Clinic, P.C., Defendants-Appellants.


Kevin Birusingh, M.D. and The Iowa Clinic, P.C., Third-Party Plaintiffs-Appellants,


Languagetech, Inc., Third-Party Defendant-Appellee

Attorney for Appellants

Stacie M. Codr and Jeffrey R. Kappelman 

Attorney for Appellees

Marc S. Harding

Ben Novotny and Matthew Reilly

Attorney for Appellee Languagetech, Inc.

 Michael J. Moreland

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 23, 2021

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (45 pages)

            Dr. Kevin Birusingh and his employer, The Iowa Clinic, appeal from the judgment entered against them in a medical negligence case with claims of lack of informed consent and negligent communication.  They appeal the denial of their motion for judgment notwithstanding verdict or, alternatively, their motion for new trial.  The plaintiff, Zaw Zaw, asks that we affirm.  Third-party defendant, LANGUAGEtech, Inc., asks that it be excluded from any new trial because a jury already found it was zero percent at fault.  OPINION HOLDS: Because the negligent-communication claim should not have made it to the jury, we reverse the judgment against Dr. Birusingh and The Iowa Clinic.  Zaw’s informed-consent claim remains viable, so we remand for new trial with all the parties on that claim. 

© 2022 Iowa Judicial Branch. All Rights Reserved.