Dobyns v. Chung

399 Ill. App. 3d 272, 339 Ill. Dec. 372
CourtAppellate Court of Illinois
DecidedMarch 19, 2010
Docket5-07-0568 Rel
StatusPublished
Cited by4 cases

This text of 399 Ill. App. 3d 272 (Dobyns v. Chung) 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
Dobyns v. Chung, 399 Ill. App. 3d 272, 339 Ill. Dec. 372 (Ill. Ct. App. 2010).

Opinions

JUSTICE SPOMER

delivered the opinion of the court:

The plaintiff, Jerry (Jay) Dobyns, as the special administrator of the estate of Angela (Angie) Dobyns, deceased, appeals the order of the circuit court of Randolph County that entered a judgment on a jury verdict in the plaintiffs favor in the amount of $100,000, reduced by 50% according to a finding of contributory negligence on the part of the deceased. The plaintiff asks this court to reverse the judgment and remand with directions that the circuit court grant the plaintiffs motion for an additur or, in the alternative, a new trial solely on the issue of damages or a new trial on all the issues. The issues on appeal are as follows: (1) whether the damages awarded by the jury are manifestly inadequate and contrary to the evidence, (2) whether the circuit court erred in barring Abiodun Sangoseni, M.D., from testifying about whether the long-term prescription of narcotics is appropriate, and (3) whether the circuit court erred in refusing to admit the plaintiffs drug summary into evidence. For the reasons that follow, we affirm.

FACTS

On March 23, 2007, the plaintiff filed a second amended complaint in the circuit court of Randolph County against the defendants, David Chung, M.D., and Sparta Community Hospital, seeking damages pursuant to the Wrongful Death Act (the Act) (740 ILCS 180/0.01 et seq. (West 2004)). The complaint alleged that Angie was under the care and treatment of Dr. Chung from 2001 through May 2004. On May 28 and 29, 2004, Angie sought care and treatment at Sparta Community Hospital and was also treated by Dr. Chung at that time. According to the complaint, Dr. Chung was negligent in failing to properly evaluate and treat Angie’s pain syndrome, prescribing inappropriate types and amounts of pain and other medications, and failing to provide adequate information and warnings regarding the prescribed medications and the risk of potential harm from taking those medications concomitantly.

During a lengthy jury trial that commenced on March 27, 2007, Dr. Chung testified that Angie first came to him on October 22, 2001, complaining of severe stabbing pains. Angie was 32 years old at the time and had previously been diagnosed with a bulging disc in her back and had a history of pain in her back, leg, and abdomen. She had suffered from back pain since 1992. Dr. Chung testified that there was nothing to indicate that Angie’s pain was interfering with her ability to do household chores and care for her children. Dr. Chung testified that when Angie first came to him for treatment, she was employed at a local hotel as a housekeeper. She informed Dr. Chung that her pain was interfering with her work. It was Dr. Chung’s belief that she was unable to do housekeeping chores in an employment capacity but that she could manage those chores in her home. Dr. Chung testified that when Angie first sought treatment from him, she was not on any narcotics but was using over-the-counter treatments such as Tylenol and ibuprofen. At that time, Dr. Chung wrote Angie a prescription for 30 Percocet, five-milligram tablets, at a dosage of one to two every four to six hours as needed. Dr. Chung testified that he referred Angie to a neurosurgeon and to an endocrinologist in 2002 but that she never saw either specialist.

Dr. Chung continued treating Angie with Percocet for the majority of the following 2V2 years. On one occasion during that time, Dr. Chung took Angie off the Percocet and prescribed fentanyl, a long-acting narcotic to which Angie developed a reaction. Subsequently, Dr. Chung discontinued all narcotics for 10 days. On two other occasions during the 2V2-year treatment period, Dr. Chung again discontinued the Percocet and prescribed Oxycontin, a long-acting version of oxycodone, which is the same narcotic that is in Percocet, and MS Contin, a long-acting version of a morphine sulfate. Angie did not respond well to these, so Dr. Chung discontinued them and put her back on Percocet. During the same time frame, Dr. Chung prescribed for Angie amitriptyline and nortriptyline, both of which are adjuncts for pain medication. He also prescribed for Angie Vioxx, which is a nonsteroidal anti-inflammatory, Percodan, Phenergan with codeine to be used as a cough suppressant, and Skelaxin and Flexeril, both of which are muscle relaxants to address pain. Dr. Chung was aware that Angie was concurrently on medications prescribed by other physicians, including Darvocet and Lorcet, which are also narcotics which contain hydrocodone, as well as Tylenol.

In spite of all the narcotics Angie used, she continued to suffer from pain in her back, abdomen, hip, and knees. Dr. Chung confirmed that Angie had 47 office visits and 27 emergency room (ER) visits during the 2V2 years he treated her. Dr. Chung testified that the purpose of the office visits was to assess the efficacy of Angie’s medications and to refill her prescriptions. Dr. Chung reported that he never saw any signs of oversedation or somnolence during the office visits. Many of the ER visits were for pain treatment in addition to that which Dr. Chung had prescribed, and other visits were for reasons unrelated to her chronic pain. According to Dr. Chung, in spite of the multiple ER visits, he believed that Angie’s pain was generally controlled to the point of allowing her to function.

Dr. Chung testified that taking Demerol by intravenous injection is approximately three times more potent than taking it orally. Angie received 300 milligrams of Demerol by intravenous injection during her hospitalization from the late afternoon of May 28, 2004, until the morning of May 29, 2004. Dr. Chung stated that this was comparable to giving Angie 900 milligrams, or 18 pills, of Demerol in this amount of time. In spite of this level of medication, nowhere in the medical records did it state that Angie was in a stupor or suffering from somnolence. Dr. Chung testified that this level of Demerol may put a person who has never been on narcotics in a coma, but if someone is already on narcotics, that person’s tolerance may result in an absence of any physical indications of being on narcotics. The Demerol helped alleviate Angie’s pain to a degree but did not give her 100% relief. After the Demerol intravenous injection, Angie still rated her pain as 5 or 6 out of 10, in comparison to the 10 out of 10 when she first arrived at the hospital. Nevertheless, Angie was able to walk in the halls, laugh, smile, eat, drink, and converse normally. Her vital signs were also stable. Dr. Chung’s discharge notation from the hospital says, “[Right lower quadrant] pain of unclear etiology,” meaning that Dr. Chung was not entirely sure of the cause of Angie’s pain. He denoted chronic pain as a secondary diagnosis and planned a consultation with a gastroenterologist.

Dr. Chung confirmed that narcotics are addictive and that a patient must be monitored to avoid the potential of abuse. Dr. Chung testified that he monitored Angie during her 2V2 years of treatment and never felt like she was abusing the medications. Dr. Chung provided information regarding the five medications he prescribed to Angie after her hospitalization in May 2004, in addition to the Demerol prescription, and acknowledged that all the medications were central nervous system (CNS) depressants. Dr. Chung had familiarized himself with the Physicians’ Desk Reference (PDR) warnings for each of the drugs he prescribed and their increased risk of producing additive CNS depressant effects when coadministered with other CNS depressants.

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Bluebook (online)
399 Ill. App. 3d 272, 339 Ill. Dec. 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobyns-v-chung-illappct-2010.