Davis v. United States

302 F. Supp. 3d 951
CourtDistrict Court, S.D. Ohio
DecidedSeptember 29, 2017
DocketCase No.: 2:15–cv–2404
StatusPublished
Cited by10 cases

This text of 302 F. Supp. 3d 951 (Davis v. United States) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. United States, 302 F. Supp. 3d 951 (S.D. Ohio 2017).

Opinion

GEORGE C. SMITH, JUDGE

This matter is before the Court upon the Motion for Partial Summary Judgment of Defendant United States of America (Doc. 21). Plaintiff opposed Defendant's Motion (Doc. 22) and Defendants replied in support (Doc. 23). This matter is now ripe for review. For the following reasons, Defendant's Motion for Partial Summary Judgment is GRANTED.

I. BACKGROUND

This case stems from alleged medical malpractice against the United States, filed under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671 - 2680. Plaintiff claims that Dr. Cynthia Gray performed an unnecessary exploratory procedure that directly caused the miscarriage, or spontaneous abortion, of her pregnancy. Dr. Gray is employed by Change, Inc., a federally funded community health center under the Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233(g) - (n).

On December 2, 2013, Davis visited Change, Inc.'s clinic in Wintersville, Ohio for an ultrasound. (Doc. 21-1, Stefanski Dep. at 32-33; Doc. 21-2, Russell Decl. at ¶ 4). Davis was approximately four weeks pregnant at this time, but Davis mistakenly believed she was approximately eight weeks pregnant and relayed this information to the ultrasound technician. (Doc. 21-1, Stefanski Dep. at 37, 39-40, 80-81). The ultrasound revealed no signs of an intrauterine pregnancy, which was alarming to the technician administering the ultrasound. (Id. at 37-38). Davis further reported either having pain in her left side or cramping similar to menstrual cramping. (Id. at 33; Doc. 21-3, Davis Dep. at 47-48). The ultrasound findings were reported to Dr. Kara O'Karma, who was the attending doctor in the clinic. (Doc. 21-1, Stefanski Dep. at 87-88). Dr. O'Karma reviewed the ultrasounds and sent Davis to Trinity Hospital in Steubenville, Ohio, for a possible ectopic pregnancy on the left side. (Doc. 21-4, Snodgrass Dep. at 40).

Dr. Gray performed a mini-laparotomy on Davis but found no evidence of an ectopic pregnancy. (Doc. 21-7, Gray Decl. at ¶ 2). This procedure requires a three to four centimeter incision through the abdominal wall and peritoneum to gain access to the pelvic cavity. (Id. ). After the 20-minute procedure, Davis was doing well and was released to go home. (Id. at ¶ 4). Davis had to make a return trip to the hospital to address some urinary retention issues, which were resolved without any complications. (Id. ). After experiencing some mild persisting pain, Davis returned to work approximately a week and a half after the procedure. (Doc. 21-3, Davis Dep. at 64).

In the weeks following Davis' procedure, embryonic development was monitored *954and found to be appropriate. Davis' hCG levels rose appropriately and a December 5 ultrasound (three days after the procedure) revealed that a gestational sac had developed in the uterus. (Doc. 21-6, Gray Dep. at 77, 90, 97). Another ultrasound was conducted on December 20 and, again, normal embryonic development was observed. (Id. at 99). The embryo had a normal heartbeat and measured at a gestational age of seven weeks and one day. (Doc. 21-2, Russell Decl. at ¶¶ 3, 6, 7). Another ultrasound was conducted approximately five weeks after the procedure, on January 6. Unfortunately, no heartbeat was detected and measurements reflected that the fetus stopped growing during the eighth week of Davis' pregnancy. (Id. at ¶ 10). A follow-up ultrasound on January 8 confirmed these findings. (Id. at ¶ 11). This was Davis' third and final pregnancy. She had a child in 2004 and had a miscarriage a few years before the miscarriage at issue here. (Doc. 21-9, Pl.'s Resp. to Def's. First Interrogs. at Resp. No. 1). Davis experienced a history of infertility problems and underwent unsuccessful fertility treatment after her first miscarriage. (Doc. 21-3, Davis Dep. at 73). Davis' final potentially relevant health factor is that she had a thyroid abnormality during the pregnancy at issue. (Doc. 21-9, Pl.'s Resp. to Def's. First Interrogs. at Resp. No. 4).

Plaintiff brought suit in this case under the FTCA, alleging that Dr. Gray's December 2, 2013 procedure constituted negligent medical malpractice that resulted in a miscarriage and injuries to Plaintiff. Defendant now seeks summary judgment as to whether Dr. Gray's actions were the proximate cause of Plaintiff's miscarriage.

II. STANDARD OF REVIEW

Defendant moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The Court's purpose in considering a summary judgment motion is not "to weigh the evidence and determine the truth of the matter" but to "determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine issue for trial exists if the Court finds a jury could return a verdict, based on "sufficient evidence," in favor of the nonmoving party; evidence that is "merely colorable" or "not significantly probative," however, is not enough to defeat summary judgment. Id. at 249-50, 106 S.Ct. 2505.

The party seeking summary judgment shoulders the initial burden of presenting the court with law and argument in support of its motion as well as identifying the relevant portions of " 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct.

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Bluebook (online)
302 F. Supp. 3d 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-united-states-ohsd-2017.