Clay v. Brodsky

499 N.E.2d 68, 148 Ill. App. 3d 63, 101 Ill. Dec. 701, 1986 Ill. App. LEXIS 2888
CourtAppellate Court of Illinois
DecidedOctober 6, 1986
Docket4-86-0098
StatusPublished
Cited by5 cases

This text of 499 N.E.2d 68 (Clay v. Brodsky) 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
Clay v. Brodsky, 499 N.E.2d 68, 148 Ill. App. 3d 63, 101 Ill. Dec. 701, 1986 Ill. App. LEXIS 2888 (Ill. Ct. App. 1986).

Opinion

JUSTICE SPITZ,

delivered the opinion of the court:

Plaintiffs, Ernest and Gloria Clay, instituted this action in the circuit court of Champaign County, against physician, Jack David Brodsky, and medical equipment manufacturer, Richard Wolf Medical Instruments Corporation, Inc. (Wolf Medical). The Clays’ amended complaint alleged alternative claims of res ipsa loquitur and specific negligence against defendant Brodsky. The complaint also set forth a products-liability claim directed against defendant Wolf Medical. The Clays sought to recover damages for a “wrongful pregnancy” allegedly resulting from an unsuccessful bilateral tubal ligation performed by Brodsky. The cause proceeded to trial by jury. At the conclusion of the trial, Brodsky’s motion for a directed verdict was denied. Thereafter, the jury returned verdicts in favor of Wolf Medical and against Brodsky. The jury awarded damages to Gloria Clay in the amount of $75,000, and to Ernest Clay in the amount of $8,000. The trial court entered judgment on the verdicts. Brodsky’s post-trial motion was thereafter denied. Brodsky now brings this appeal, asserting that: (1) the trial court erred in denying his motion for a directed verdict; (2) the jury’s verdict was against the manifest weight of the evidence; (3) the trial court erred in allowing the admission of certain evidence; (4) the trial court erred in ruling on certain jury instructions; (5) the damage awards were excessive and the result of passion and prejudice; and (6) the trial court erred in refusing to grant his post-trial request for remittitur. For the reasons set forth below, the judgment of the circuit court is affirmed.

The following evidence was adduced at the October 7, 1985, jury trial in this cause. Ernest and Gloria Clay both testified to essentially the same series of events. They stated that, in early 1980, Gloria decided to undergo a sterilization operation, due to her age and health. Gloria, 37 years old at that time, had previously delivered two children by cesarean section and had undergone gallbladder surgery. She consulted her obstetrician, defendant Brodsky, and he agreed to perform the sterilization procedure.

The Clays testified that on February 25, 1980, Gloria was admitted to the hospital and that evening Brodsky recommended the “Silas-tic band” method of sterilization. Brodsky performed Gloria’s sterilization operation on February 26, 1980. Ernest Clay testified that he spoke with Brodsky following the operation and was informed that the procedure went smoothly, that there were no problems, and Gloria “was sterilized.” According to the Clays, Brodsky did not advise them to use birth control, nor did he recommend follow-up tests to check the effectiveness of the sterilization operation.

The Clays testified that Gloria experienced no unusual problems the week following surgery and began to resume her normal activities. She thereafter smoked cigarettes, drank alcoholic beverages on occasion, and took diet pills. Then, sometime in late April or early May of 1980, Gloria began experiencing nausea, tiredness, and stomach cramps. Gloria contacted Brodsky who performed a pregnancy test that established Gloria was pregnant.

The Clays testified to experiencing concern about the health of the baby due to Gloria’s age and her activities prior to learning she was pregnant. They were also concerned about Gloria’s health. Gloria testified to a fear of operations and recurring dreams of dying in childbirth.

The Clays stated that during the first trimester of Gloria’s pregnancy, she was anemic and experienced tiredness and nausea on a daily basis. Gloria indicated that for those reasons she was unable to maintain her normal work schedule. The Clays testified that during the second and third trimesters, Gloria gained a large amount of weight and encountered problems with swelling of her hands, arms, and feet. This interfered with her ability to get in and out of bed, dress herself, and put on shoes. She also developed pains in her arms and her back. In addition, Gloria testified that the baby, in útero, caused her extreme physical discomfort as it pressed against her rib cage and imposed pressure on her bladder.

The Clays stated that Dr. Bradley Adams delivered their baby by cesarean section on December 26, 1980. After the delivery Ernest spoke with Dr. Adams and was informed that the operation had gone well and that Gloria and the baby were healthy. According to the Clays, Dr. Adams informed them that he had found three bands or rings in Gloria’s pelvic area during the operation. Months later, Ernest picked up these bands from the hospital’s pathology laboratory.

The Clays further testified that Gloria spent seven to eight days in the hospital following the delivery. After returning home, Gloria experienced pain in her rib cage and at the incision site and she was weak, depressed, and inactive. She stated that due to her physical and emotional state, she was unable to resume her normal work activities and her earnings decreased. She also stated that she was unable to resume her normal activities at home and required household help. For that reason, they employed a housekeeper, Pauline Maze, to work both before and after the birth of the child. She was paid approximately $300 to $350 per month for an estimated 19 months. Ernest testified that in addition to paying Maze’s salary he incurred medical bills due to the sterilization procedure, pregnancy, and subsequent delivery.

Pauline Maze was called to testify by the Clays. In 1980, when Gloria learned she was pregnant, Maze was asked to work for the Clays on a full-time basis. Maze testified that she worked five days a week and her hours were from 8 a.m. to 3:30 or 4 p.m. She was in charge of the household duties and taking care of the children.

Maze observed Gloria’s physical problems during the pregnancy and after the delivery. She testified that during pregnancy, Gloria was nauseated every morning and was unable to keep food down. She was aware of the swelling in Gloria’s arms and legs. She was also aware of Gloria’s weight gain and the pain she experienced in her back and side. She observed Gloria’s difficulty with putting on shoes and clothing and in moving about during the latter part of her pregnancy. She also testified that, following the delivery, Gloria was weak, in pain, and had to stay in bed for a period of time. She stated that Gloria was unable to lift or take care of the baby for some time.

Andreen Butler was called to testify by the Clays. Butler stated that she had been a friend of the Clays for 13 to 14 years. She also stated that she had observed Gloria’s physical problems during the pregnancy. She described Gloria’s pregnancy as “really debilitating” and stated that she was aware of Gloria’s problems with nausea, weight gain, back pain, swelling of the hands and feet, and difficulty in moving about. She testified that Gloria was fearful of operations and death in childbirth, and that she was depressed and lacked drive.

The Clays also called Dr. Bradley Adams to testify. Adams, an obstetrician and gynecologist, testified that he was a colleague of Brodsky’s and had known him for 20 years. Adams further testified that he provided prenatal care to Gloria and delivered her baby. He stated the Gloria was anemic during her “uneventful” pregnancy. In delivering the baby, Adams performed a cesarean section.

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Bluebook (online)
499 N.E.2d 68, 148 Ill. App. 3d 63, 101 Ill. Dec. 701, 1986 Ill. App. LEXIS 2888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-brodsky-illappct-1986.