Capoferri Ex Rel. Capoferri v. Children's Hospital of Philadelphia

893 A.2d 133, 2006 Pa. Super. 16, 2006 Pa. Super. LEXIS 44
CourtSuperior Court of Pennsylvania
DecidedJanuary 31, 2006
StatusPublished
Cited by23 cases

This text of 893 A.2d 133 (Capoferri Ex Rel. Capoferri v. Children's Hospital of Philadelphia) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capoferri Ex Rel. Capoferri v. Children's Hospital of Philadelphia, 893 A.2d 133, 2006 Pa. Super. 16, 2006 Pa. Super. LEXIS 44 (Pa. Ct. App. 2006).

Opinions

OPINION BY

BENDER, J.:

¶ 1 In this medical malpractice case, Jared Capoferri and his parents, Richard J. and Heather F. Capoferri, (collectively Plaintiffs) appeal from the judgment entered on June 29, 2004, in favor of Children’s Hospital of Philadelphia (CHOP), Michael C. Carr, M.D., and Joel C. Hutcheson, M.D. (collectively Defendants).1 Plaintiffs argue that they were [135]*135precluded from questioning prospective jurors during voir dire about the media coverage of “the alleged medical malpractice crisis in and the alleged flight of physicians from Philadelphia.” Plaintiffs’ brief at 7. Plaintiffs also contend that, over their attorney’s objections, the trial court allowed one of Defendants’ witnesses to testify about her “interpretation of alleged ‘color Doppler’ or supposed ‘real-time’ ultrasound images ... even though the actual ultrasound images had been discarded and were never made available to [Plaintiffs], or introduced as evidence at trial.” Id. at 9-10 (emphasis omitted). We reverse and remand for a new trial.

¶ 2 The trial court set forth the following recitation of the facts:

On or about March 6, 1999, minor plaintiff Jared Capoferri, (d.o.b. 3/29/95) was being bathed by his mother. She noticed that his left testicle was “humongous,” “bright red” and “swollen.” She testified that when she took down his clothes, “he cried it hurt.” (N.T., 11/17/03, p. 11). She asked him if he had fallen, but he wasn’t able to tell her what had happened. (N.T., 11/17/03, p. 9). She called Jared’s pediatrician, who advised her to take Jared to the Emergency Room at Children’s Hospital of Philadelphia (“CHOP”) in the morning, but to watch him through the night for vomiting, fever and nausea. (N.T., 11/17/03, p. 12). Jared did not develop any of these symptoms, but he was not able to walk because of the swelling. In the morning, Mr. and Mrs. Capoferri took Jared to CHOP, where he was examined initially and sent for an ultrasound examination, which was conducted by Dr. Stazzone. (N.T., 11/17/03, p. 17-18). Defendant Dr. Hutcheson, a Fellow in Urology, explained to the Capoferris that the testicle has little appendages which sometimes become twisted, then untwist; he was not sure if this was what had happened to Jared. He did not recommend exploratory surgery, although Mrs. Capoferri asked about such a procedure. Dr. Hutchenson did not think the situation warranted an invasive procedure. (N.T. 11/17/03, p. 23). Based on the results of their examination, and with the caveat that if Jared developed a fever or other symptoms he should be brought back immediately, Dr. Hutcheson told the Capoferris to bring Jared back for another examination in one week. (Id.)
Mrs. Capoferri testified that Jared did not go to his pre-school classes during the next week, that the swelling and redness did not reduce, and Jared was in extreme discomfort. (N.T., 11/17/03, p. 26-27). On March 12, 1999, Jared was examined by Dr. Hutcheson and Dr. Carr. Another ultrasound was ordered, and again performed by Dr. Stazzone. (N.T., 11/17/03, p. 31). Drs. Hutcheson and Carr reported to the Capoferris that the tests showed there was plenty of blood flow to the testicle, and that the problem would probably resolve in a week or two. Again Mrs. Capoferri asked that an operation be done to explore for testicular torsion, which she had researched during the intervening week. (N.T., 11/17/03, p. 34-35). She testified that she was quite insistent, but the physicians did not give them the option to have Jared undergo an exploratory surgical procedure. (N.T., 11/17/03, p. 36). Based on the results of that test, plaintiffs were instructed to return in two months. (Id.).
[136]*136Mrs. Capoferri testified that eventually, during the ensuing two month period, the swelling, redness and pain decreased, and Jared resumed his normal activities. Then, on or about May 14, 1999, when Mrs. Capoferri was giving Jared his bath, he “shot up out of the tub” and announced “the big one hurts.” (N.T., 11/17/03, p. 40). The next day, Mrs. Capoferri took Jared to CHOP. Dr. Carr ordered an ultrasound, and upon reviewing the results, informed the Capoferris that Jared’s left testicle had atrophied. Mrs. Capoferri testified that Dr. Carr apologized and said he had no explanation for what had happened. (N.T., 11/17/03, p. 43).
Mrs. Capoferri immediately called her pediatrician for the name of another pediatric urologist and was referred to Dr. Rabinovitch at St. Christopher’s Hospital. The Capoferris took Jared for a consultation, and as a result, decided to have Dr. Rabinovitch perform a short outpatient procedure in order to secure Jared’s remaining testicle. (N.T., 11/17/03, p. 51-53).

Trial Court Opinion (T.C.O.), 8/3/04, at 1-3.

¶ 3 On May 10, 2001, Plaintiffs filed a complaint sounding in negligence against Defendants. A jury trial commenced on November 17, 2003. Then on November 24, 2003, the jury determined that Defendants were not negligent and returned a verdict in favor of all Defendants. Plaintiffs filed a post trial motion, requesting a new trial; however, the motion was denied and Plaintiffs filed this timely appeal.

¶ 4 Plaintiffs present the following questions on appeal:

1. Whether the trial court abused its discretion and committed reversible error in denying [Plaintiffs] the opportunity to ask prospective jurors certain questions, regarding their knowledge of or perspective about the alleged medical malpractice crisis in Pennsylvania generally and the alleged flight of physicians from Philadelphia in particular, submitted as requested voir dire by Plaintiffs prior to jury selection?
2. Whether the trial court abused its discretion and committed reversible error in overruling requests by [Plaintiffs], at first, to preclude, and, thereafter, to strike references to alleged color Doppler studies and/or supposed real-time ultrasound images relied upon by the defense, which studies and/or images were not preserved by [Defendants] and were never made available for review by the medical experts who testified on behalf of [Plaintiffs]?

Plaintiffs’ brief at 4.

¶ 5 Initially, we note our standard of review with regard to a motion for a new trial.

We will reverse a trial court’s decision to deny a motion for a new trial only if the trial court abused its discretion. We must review the court’s alleged mistake and determine whether the court erred and, if so, whether the error resulted in prejudice necessitating a new trial. If the alleged mistake concerned an error of law, we will scrutinize for legal error. Once we determine whether an error occurred, we must then determine whether the trial court abused its discretion in ruling on the request for a new trial. “An abuse of discretion exists when the ■ trial court has rendered a judgment that is manifestly unreasonable, arbitrary, or capricious, has failed to apply the law, or was motivated by partiality, prejudice, bias, or ill will.”

Stalsitz v. Allentown Hosp., 814 A.2d 766, 771 (Pa.Super.2002), appeal denied, 578 Pa. 717, 854 A.2d 968 (2004) (citations [137]*137omitted). With this standard in mind, we proceed to review Plaintiffs’ issues.

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Capoferri Ex Rel. Capoferri v. Children's Hospital of Philadelphia
893 A.2d 133 (Superior Court of Pennsylvania, 2006)

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893 A.2d 133, 2006 Pa. Super. 16, 2006 Pa. Super. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capoferri-ex-rel-capoferri-v-childrens-hospital-of-philadelphia-pasuperct-2006.