Cagnolatti v. Hightower

692 So. 2d 1104, 1996 WL 715142
CourtLouisiana Court of Appeal
DecidedApril 9, 1997
Docket95-CA-2598, 95-CA-2599
StatusPublished
Cited by4 cases

This text of 692 So. 2d 1104 (Cagnolatti v. Hightower) 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
Cagnolatti v. Hightower, 692 So. 2d 1104, 1996 WL 715142 (La. Ct. App. 1997).

Opinion

692 So.2d 1104 (1996)

Yvonne CAGNOLATTI, etc.
v.
Leslie HIGHTOWER, M.D., et al.
Yvonne CAGNOLATTI, etc.
v.
UNITED MEDICAL CENTER OF NEW ORLEANS, et al.

Nos. 95-CA-2598, 95-CA-2599.

Court of Appeal of Louisiana, Fourth Circuit.

December 11, 1996.
Order Amending Decision on Grant of Partial Rehearing April 9, 1997.

*1106 John Paul Massicot, Frank A. Silvestri, New Orleans, for Plaintiff/Appellant.

Terry B. Deffes, Law Offices of Robert E. Birtel, Metairie, for Defendants/Appellants.

Gregory C. Weiss, Kathryn M. Caraway, Stephen R. Barry, New Orleans, for Defendant/Appellant.

Before CIACCIO, ARMSTRONG and LANDRIEU, JJ.

ARMSTRONG, Judge.

This is a medical malpractice case. After a jury trial, a verdict of $470,000 was rendered in favor of the plaintiff, Ms. Yvonne Cagnolatti. We affirm.

Plaintiffs' decedent, Ms. Pearl Roussell, at the age of 72, suffered a stroke. She was admitted to United Medical Center ("UMC") and, after several days, seemed to be doing well. She was scheduled to be discharged.

The evening before her discharge, defendant Dr. Leslie Hightower, a neurologist, assisted by defendant nurse Alma Nixon, R.N., began to give Ms. Roussell a test that involved the administration, by an intravenous injection, of the drug Tensilon. The test was given in order to determine whether Ms. Roussell suffered from myasthenia gravis. That is a potentially life threatening disease and one of its symptoms, droopy eyelids, was present. The test involved injection of the drug Tensilon. If the patient responded, presumably in this case by elimination of the droopiness of the eyelids, then that is an indication that the patient has myasthenia gravis. Although the effects of Tensilon will not be prolonged enough to make Tensilon a treatment for myasthenia gravis, the short term relief makes it appropriate as a method of diagnosis of the disease. It is undisputed that it was proper for Dr. Hightower to give the test and to administer the Tensilon.[1]

*1107 Dr. Hightower began to administer the Tensilon about or just prior to 7:40 p.m. on May 11, 1990. Soon after he began to inject the Tensilon, Ms. Roussell became nauseous, vomited, and began to sweat. These were symptoms of an adverse reaction to Tensilon. Dr. Hightower discontinued the test. He also ordered, and Nurse Nixon administered, an intramuscular injection of the drug Phenergan. This was to relieve the nausea, vomiting and sweating. Over the next approximately 15 minutes, i.e. from about 7:40 p.m. until about 7:55 p.m., Ms. Roussell's vomiting and sweating subsided. Nurse Nixon's note in the chart reflects that Ms. Roussell still complained of nausea at 7:55 p.m. but Dr. Hightower testified that he was unaware of that complaint.

At about 7:55 p.m., Dr. Hightower left Ms. Roussell's room. Nurse Nixon also left either with Dr. Hightower or at close to the same time. Because Ms. Roussell's vomiting had soiled some of the bed linen, Nurse Nixon asked two nurse's aides to change the bed linens. The two nurse's aides went into Ms. Roussell's room and began to change the bed linens. Some time prior to 8:25 p.m., the nurse's aides reported that Ms. Roussell "went limp".[2]

A "code", an emergency call, was made at 8:25 p.m. and it was determined at that time that Ms. Roussell had no pulse and no respiration. She was "resuscitated", i.e. her pulse and respiration were restored with various emergency medical procedures and drugs, and she was transferred to the Intensive Care Unit. Ms. Roussell was in a coma at this time, from which she never revived, and she died about 70 days later.

There was considerable controversy at trial about the charting, i.e. the writing down in Ms. Roussell's hospital chart, of the above described events of the evening of May 11, 1990. This is particularly so with regard to the charting of Ms. Roussell's "vital signs", i.e. her pulse rate, respiration rate and blood pressure. As will be apparent below, Ms. Roussell's pulse rate was especially significant.

Nurse Nixon wrote in the chart that, at 7:40 p.m., Ms. Roussell's pulse rate was 88. She testified that she probably took this pulse rate before the Tensilon was administered. Nurse Nixon's 7:55 p.m. note in the chart also reflects that, at 7:55 p.m., Ms. Roussell's pulse rate was again 88. However, a handwriting expert called by the plaintiff testified that both nurse Nixon's 7:55 p.m. note of the pulse rate and Dr. Hightower's note of the 7:55 p.m. pulse rate, had originally reflected a pulse rate of 58 and had been altered later to 88. Both nurse Nixon and Dr. Hightower denied such alteration, and testified that their notes had always reflected a 7:55 p.m. pulse rate of 88. However, the handwriting expert's qualifications were most impressive, and his analysis persuasive, and the jury reasonably could, and presumably did, resolve this credibility issue against nurse Nixon and Dr. Hightower.[3]

The pulse rate was a key fact at trial because, bradycardia, a slow down of the heart rate, is a possible side effect of Tensilon. Bradycardia can progress to outright cardiac arrest, and that is what the plaintiff contends must have happened in this case. Any pulse rate below 60 is, by definition, bradycardia. So the pulse rate of 58 at 7:55 p.m., which was 15 minutes after the administration of Tensilon, was indicative of bradycardia.

*1108 The plaintiffs' principal theory is that, with a pulse rate of 58 at 7:55 p.m., Ms. Roussell was already experiencing an adverse reaction to Tensilon and that the bradycardia progressed to cardiac arrest at or prior to 8:25 p.m. Although the plaintiff does not contend that it was improper for Dr. Hightower to administer Tensilon, she does contend that he was negligent by failing to order proper monitoring of Ms. Roussell after 7:55 p.m. and that nurse Nixon was negligent by failing to conduct proper monitoring of Ms. Roussell after 7:55 p.m. The plaintiff contends that, if there had been proper monitoring of Ms. Roussell, that would have increased Ms. Roussell's chances of survival. The plaintiff also contends that, once the adverse reaction to Tensilon manifested itself, Dr. Hightower should have treated it with the antidote for Tensilon, Atropine, rather than Phenergan. She contends that, if Atropine had been administered, that would have increased Ms. Roussell's chances of survival. The jury found nurse Nixon 70% at fault and Dr. Hightower 30% at fault. As Dr. Hightower was solely responsible for the choice of medication, it appears that the jury was more impressed by the plaintiffs' theory of lack of monitoring than their theory regarding medication.[4]

Dr. Leon Weisberg, a neurologist who was a member of the medical review panel which considered this case, testified that bradycardia is one of the possible adverse reactions to Tensilon. He also testified that a pulse rate of 58 would constitute bradycardia. Perhaps most importantly, he testified that, if Ms. Roussell's pulse rate went from 88 to 58 in the 15 minutes from 7:40 p.m. to 7:55 p.m., then that decrease would be indicative of a cardiac reaction to the Tensilon and close monitoring of Ms. Roussell would be called for. He would have put Ms. Roussell on a cardiac monitor at that point and such a procedure would be the standard of care. He testified that such close monitoring would have increased her chances of survival. Although Dr. Weisberg would not necessarily have given Ms. Roussell Atropine when her pulse was 58, if it had continued to go down, to 52, then he would have administered Atropine. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
692 So. 2d 1104, 1996 WL 715142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cagnolatti-v-hightower-lactapp-1997.