Belknap v. Crawford

2024 IL App (4th) 230679
CourtAppellate Court of Illinois
DecidedMay 31, 2024
Docket4-23-0679
StatusPublished
Cited by2 cases

This text of 2024 IL App (4th) 230679 (Belknap v. Crawford) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belknap v. Crawford, 2024 IL App (4th) 230679 (Ill. Ct. App. 2024).

Opinion

2024 IL App (4th) 230679 FILED May 30, 2024 NO. 4-23-0679 Carla Bender 4 th District Appellate IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

JEREMY BELKNAP and SHANE BELKNAP, as ) Appeal from the Independent Co-Administrators of the Estate of Stephanie ) Circuit Court of E. Belknap, Deceased, ) Peoria County Plaintiffs-Appellants, ) No. 18L104 v. ) DAVID CRAWFORD; THE PEORIA SURGICAL ) GROUP, LTD., an Illinois Corporation; CYNTHIA ) MARTIN; and THE METHODIST MEDICAL CENTER ) OF ILLINOIS, an Illinois Corporation, ) Defendants, ) Honorable (Cynthia Martin and The Methodist Medical Center of ) Frank W. Ierulli, Illinois, Defendants-Appellees). ) Judge Presiding.

JUSTICE LANNERD delivered the judgment of the court, with opinion. Justices Harris and Steigmann concurred in the judgment and opinion.

OPINION

¶1 On July 10, 2019, plaintiffs Jeremy Belknap and Shane Belknap, as independent

co-administrators of the estate of Stephanie E. Belknap, deceased, filed a third-amended survival

and wrongful death action against defendants David Crawford; the Peoria Surgical Group, Ltd.,

an Illinois Corporation; Cynthia Martin; and the Methodist Medical Center of Illinois, an Illinois

Corporation (Methodist). Plaintiffs alleged Stephanie suffered serious injuries as a result of

medical care she received at Methodist from Dr. David Crawford and nurse Cynthia Martin.

Stephanie later died from her injuries.

¶2 On July 31, 2023, the trial court granted Martin and Methodist’s motion for

summary judgment with regard to plaintiffs’ counts in the third-amended complaint against them (counts VII, VIII, IX, and X). Pursuant to Illinois Supreme Court Rule 304(a) (eff. Mar. 8, 2016),

the court found no just reason for delaying appeal of its summary judgment order. Plaintiffs appeal,

arguing the court erred in granting the motion for summary judgment. According to plaintiffs, they

presented sufficient expert testimony that Martin’s failure to communicate Stephanie’s

information to the treating physicians was a proximate cause of her injuries and death. Further,

they argued the court erred in finding summary judgment was required pursuant to our supreme

court’s decision in Gill v. Foster, 157 Ill. 2d 304 (1993). We reverse the trial court’s summary

judgment order and remand this case for further proceedings.

¶3 I. BACKGROUND

¶4 According to plaintiffs’ third amended complaint, on or about September 22, 2016,

Stephanie Belknap presented to defendant Dr. David Crawford for treatment of gastroesophageal

reflux disease with hiatal hernia. Dr. Crawford determined she was an appropriate candidate for

partial fundoplication, also known as a “toupet procedure.” The complaint alleged Stephanie “was

a substantial risk for acute recurrence of hiatal hernia due to a known history of retching and

hyperemesis.” On January 16, 2017, Dr. Crawford “attempted” the procedure on Stephanie at

defendant Methodist in Peoria, Illinois. According to the complaint, “During the 24 hours

immediately following the surgery, and before her discharge from the hospital, Stephanie Belknap

was gagging and retching all night, not tolerating a diet, and had very poor input and output.”

¶5 According to plaintiffs’ complaint, Crawford negligently failed to appreciate

Stephanie’s risk of recurrent herniation, took inadequate surgical measures to prevent Stephanie’s

recurrent herniation, and discharged Stephanie while she was in an unstable condition despite her

symptoms. Stephanie later suffered an acute recurrence of her hiatal herniation and became septic

because she did not have appropriate treatment. She died of her injuries on January 21, 2017, at

-2- the age of 23.

¶6 Plaintiffs alleged nurse Cynthia Martin was in charge of monitoring Stephanie’s

condition beginning around 7 a.m. on January 17, 2017. Between 7:27 a.m. and 12:43 p.m., Martin

observed that Stephanie was in constant pain and had intermittent crying, ongoing anxiety, failure

to control her pain, and also had signs of tachycardia and hypoxia. Plaintiffs alleged Martin was

guilty of one or more of the following negligent acts or omissions: “(a) Failed to fully report her

observations to Dr. Esparaz; and/or (b) Failed to fully report her findings and observations to Dr.

Crawford.” According to plaintiff’s complaint, “[a]s a direct and proximate result of the acts and/or

omissions of *** Martin, Stephanie Belknap failed to receive appropriate treatment for a

recurrence of hiatal hernia, thereby becoming septic.” Plaintiffs also alleged she “died of her

aforementioned injuries on January 21, 2017[,] at the age of 23.” Further, plaintiffs alleged Martin

was an employee and/or agent of Methodist and was acting within the course and/or scope of her

employment when providing care for Stephanie.

¶7 Plaintiffs’ complaint included survival actions and wrongful death claims against

Crawford (counts I and II), the Peoria Surgical Group, Ltd., who allegedly employed Crawford

(counts III and IV), Dr. Joseph Esparaz, who was a surgical resident (counts V and VI), Martin

(counts VII and VIII), and Methodist (counts IX and X), as Martin’s employer.

¶8 On June 23, 2023, nurse Martin and Methodist filed a motion for summary

judgment. They argued any causal chain with regard to Martin’s alleged negligence was severed

when Drs. Crawford, Esparaz, and Mark Sarran evaluated Stephanie prior to discharging her from

the hospital. As a result, according to the motion, “Plaintiffs will be unable to identify any evidence

establishing that Nurse Martin’s alleged deviations from the standard of care were a proximate

cause of [Stephanie’s] injuries.” Later in their motion, Martin and Methodist asserted the situation

-3- in this case is nearly identical to the situation in Gill, 157 Ill. 2d 304. Martin and Methodist also

argued plaintiffs had not put forth any expert testimony establishing Martin’s alleged deviations

from the nursing standard of care proximately caused Stephanie’s injuries. The movants attached

the transcripts of the discovery depositions of Martin, Dr. Crawford, Dr. Esparaz, Dr. Sarran, Lynn

Barber (Stephanie’s mother), and Dr. Jeffrey Allen. They also attached plaintiffs’ amended witness

disclosures pursuant to Illinois Supreme Court Rule 213 (eff. Jan. 1, 2018).

¶9 On July 7, 2023, plaintiffs filed a response to the motion. Plaintiffs claimed “Martin

was negligent for failing to verbally report 10 out of 10 pain, dietary intolerance, and abnormal

vital signs to the surgical team both before and after the discharge decision” and Methodist was

vicariously liable for Martin’s negligent conduct. According to plaintiffs, Martin and Methodist’s

motion omitted any mention of plaintiffs’ nursing expert (Polly Gerber Zimmerman, R.N.) and

their causation expert (David Talan, M.D.). Further, plaintiffs stated the moving parties also failed

to reference the deposition testimony of Jeanette Bell, R.N., who worked the night shift of January

16, 2017, into the early morning hours of January 17, 2017. Plaintiffs attached the deposition

testimony of these witnesses to their response.

¶ 10 Plaintiffs noted proximate cause is normally a fact question for the trier of fact.

Further, according to plaintiffs, Martin and Methodist’s reliance on Gill was misplaced because

the facts in the instant case are factually inapposite. In addition, plaintiffs noted Zimmerman, their

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2024 IL App (4th) 230679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belknap-v-crawford-illappct-2024.