CARDINAL GLENNON HOSPITAL, Plaintiff/Appellant/Cross-Respondent, and ST. LOUIS UNIVERSITY, and PAUL G. FETICK, M.D., Plaintiffs, v. AMERICAN CYANAMID COMPANY, and HESSELBERG DRUG COMPANY, Defendants/Respondents/Cross-Appellants., 997 S.W.2d 42

Summary

Plaintiff hospital did not obtain a discharge of the liability of either of the defendants, two drug manufacturers, when it settled a lawsuit with a patient. As a result, it was barred from seeking contribution from them. Plaintiff claimed the Missouri legislature's failure to include language in Mo. Rev. Stat. § 537.060 specifically prohibiting a settling tortfeasor from seeking contribution from a nonsettling tortfeasor evinced its intent to not bar such actions. However, Missouri applied the Uniform Comparative Fault Act and the Uniform Contribution Among Tortfeasors Act insofar as possible and to permit contribution would ultimately emasculate the well-established settlor barred rule. Without recovery by the patient against plaintiff in the underlying medical malpractice action and without plaintiff's settling with the patient, its so-called independent claim for fraud against defendant would not exist. Plaintiff would not be permitted to circumvent the statute barring contribution...