Aaron v. Bailey

817 So. 2d 240, 1 La.App. 5 Cir. 1269, 2002 La. App. LEXIS 989, 2002 WL 535130
CourtLouisiana Court of Appeal
DecidedApril 10, 2002
DocketNo. 01-CA-1269
StatusPublished
Cited by1 cases

This text of 817 So. 2d 240 (Aaron v. Bailey) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aaron v. Bailey, 817 So. 2d 240, 1 La.App. 5 Cir. 1269, 2002 La. App. LEXIS 989, 2002 WL 535130 (La. Ct. App. 2002).

Opinion

| ¡¡DALEY, Judge.

The defendant, Dr. Richard Roberts, III, has appealed a jury verdict finding him liable in the death of plaintiffs’ six year old son, Aaron. For the reasons which follow, we affirm.

FACTS:

Plaintiff, Marina Bourgeois, testified that her six-year-old son, Aaron, complained of a headache and began to run fever in the early morning hours of Monday, March 10, 1997. She treated the fever with Tylenol and he stayed home from school that day. The fever returned Monday night and during the day Tuesday. He was again treated with Tylenol and Motrin. On Wednesday evening Aaron vomited. When Aaron awoke on Thursday morning, he complained that his knee hurt. Mr. and Mrs. Bourgeois took Aaron to their family physician, Dr. Colin Bailey. Dr. Bailey noted no abnormal findings on an x-ray of Aaron’s knee, and told his Lparents to continue to give him Ibuprofen for the fever and fluids. Mrs. Bourgeois testified that Aaron vomited and had diarrhea on Thursday night. When Aaron awoke on the morning of March 14, 1997, she noted that he did not “look well” and wanted to go back to bed. Mrs. Bourgeois called Dr. Bailey, who told her to return to his office. While sitting in the doctor’s office with her son in her lap, Mrs. Bourgeois felt Aaron “get limp.” Concerned that he may have lost consciousness, she knocked on the door to alert Dr. Bailey’s staff. Mrs. Bourgeois testified [243]*243that she was taken to the back where an intravenous line was'started and an ambulance was called.

Mrs. Bourgeois testified that when-they arrived at the hospital, she signed Aaron in, then went to his bedside. He complained of pain and asked to have the intravenous line taken out. She testified that as they remained in the emergency room Aaron’s condition worsened, his hands turned white and his eyes “looked bigger than normal.” Mrs. Bourgeois testified that the nurses had to bring, in heated towels in order to draw blood. When the “code” alarms went off Mrs. Bourgeois was asked to leave the room and was taken to the chapel, where she was later told her son had died. The medical records indicate that Aaron arrived at the hospital at 11:45 a.m., the code alarms went off at 3:20 p.m., and he was pronounced dead at 3:56 p.m.

Mr. Aaron Bourgeois, Sr.’s testimony regarding Aaron’s illness corroborated that of Mrs. Bourgeois. Mr. Bourgeois testified that his wife called him on the 14th and told him they were bringing Aaron to the emergency room. She called again to tell him that Aaron was not doing “too good.” Mr. Bourgeois testified that he arrived at the emergency room at approximately 3:00 p.m. He described Aaron as having dilated eyes and white hands and feet. Mr. Bourgeois testified that Aaron did not respond when he spoke to Aaron. Mr. Bourgeois testified that the people at the hospital told him his son had diabetes. He was holding Aaron when the alarms went | Boff. Hospital personnel came in and he and his wife were taken to the chapel where they were later told Aaron had died.

The deposition of Dr. Susan Garcia, the pathologist who performed the autopsy, was read to the jury. Dr. Garcia concluded that Aaron died of cardiac arrhythmia due to electrolyte imbalance due to dehydration' secondary to probable viral gastroenteritis. She testified that she was given a history of , nausea and vomiting, possible diabetes mellitus, and Reyes syndrome had been ruled out. She testified that during the autopsy she noted Aaron’s intestines contained fluid fecal material. Dr. Garcia explained that this is an abnormal finding in that the bowel usually contains solid fecal matter. When a person develops an. abnormality in the cells of the intestines, such as gastroenteritis, fluid is not absorbed from the bowel back into the body. She referred to this build up of fluid in the bowel as third space volume loss, explaining that fluid that is normally in the blood stream is lost to the bowel and this leads to dehydration. Dr. Garcia testified that even in the absence of the history of vomiting and diarrhea, she would have reached the same conclusion due to the amount of fluid found in his intestines. Dr. Garcia went on to explain that the ability of the heart to function is impaired when certain electrolytes in the body are out of balance. She stated that she reached her conclusion as to the cause of death after reviewing the autopsy findings and pre mortem laboratory results. Dr. Garcia explained that there were no findings that would suggest Reyes syndrome or long-standing diabetes mellitus. She was unable to rule out acute onset diabetes.

Dr. Paul Robert Perchonock, who was accepted by the court as an expert in the field of emergency medicine, testified on behalf of the plaintiffs. Dr. Perchonock testified that Aaron had abnormal vital signs upon admission to the emergency room. Dr. Perchonock explained that, the temperature of 96.4, pulse of 136, respira-tions of | fi32, and urinary output of only 10 cc’s during the entire emergency room stay were signs of impending shock. He stated that Aaron’s body simply “wore [244]*244out” from breathing so fast, he stopped breathing and his heart stopped beating.

Dr. Perchonock criticized Dr. Roberts for not monitoring Aaron’s blood pressure, for not properly assessing Aaron’s capillary refill and peripheral pulses, and for administering the wrong intravenous fluids in the wrong amounts. Dr. Perchonock explained that it is important to assess capillary refill and peripheral pulses in a dehydrated child because as the blood volume becomes lower, blood is shunted away from the extremities and to the organs.

Dr. Perchonock explained that because of Aaron’s dehydration, he needed intravenous fluid containing a lot of saline or salt. Aaron arrived at the emergency room with a solution of dextrose 5% in water infusing. Shortly thereafter, the fluid was changed to dextrose 5% with l% normal saline.” Dr. Perchonock opined that because the salt concentration in this solution was too low, the fluid would not stay in the blood vessels. Dr. Perchonock also explained that due to fever and rapid respirations, Aaron needed extra fluids because he was “quarts” behind in fluid. Dr. Perchonock further complained that when Dr. Roberts made the decision to administer a fluid “bolus” to Aaron, he gave 250 cc’s rather than 450 cc’s. Dr. Perchonock also pointed to certain laboratory results to support his opinion that Aaron was severely dehydrated when he arrived at the emergency room. As to the elevated blood glucose shown in the laboratory reports, Dr. Per-chonock testified that this was due to the dextrose being administered in the intravenous fluids and/or the blood being drawn in close proximity to the intravenous fluid infusion. Dr. Perchonock opined that Aaron should have been given a solution of sodium bicarbonate intravenously soon after arrival to the hospital because his laboratory |7results indicated he was acidotic. Dr. Perchonock concluded that all Aaron needed was “salt and water” and if he had been given sufficient fluids, he would have been “fine.”

Daphne Caldwell, the nurse who cared for Aaron in the emergency room, testified for the defense. Ms. Caldwell testified when Aaron arrived at the hospital, he was awake and talking. She testified that although it is not noted in the medical records, she checked his capillary refill and it was normal. She further testified that his skin was warm and dry to touch, his lips were pink and moist, and his skin turgor was normal. Ms. Caldwell explained that Aaron was “sleepy and tired”, but always easy to arouse.

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Bluebook (online)
817 So. 2d 240, 1 La.App. 5 Cir. 1269, 2002 La. App. LEXIS 989, 2002 WL 535130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaron-v-bailey-lactapp-2002.