Dorrough v. Wilkes

817 So. 2d 567, 2002 WL 1038750
CourtMississippi Supreme Court
DecidedMay 23, 2002
Docket2001-CA-00117-SCT
StatusPublished
Cited by18 cases

This text of 817 So. 2d 567 (Dorrough v. Wilkes) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorrough v. Wilkes, 817 So. 2d 567, 2002 WL 1038750 (Mich. 2002).

Opinion

817 So.2d 567 (2002)

Charles M. DORROUGH, Jr., M.D.
v.
Emanuel WILKES, Sr., and Emanuel Wilkes, Jr.

No. 2001-CA-00117-SCT.

Supreme Court of Mississippi.

May 23, 2002.

*569 William O. Luckett, Jr., Robert Michael Tyner, Jonathan Masters, Clarksdale, attorneys for appellant.

Hiawatha Northington, III, Precious Tyrone Martin, Isaac K. Byrd, Jr., Jackson, attorneys for appellees.

EN BANC.

EASLEY, J., for the Court.

¶ 1. The case before this Court arises out of a wrongful death medical malpractice action. On May 18, 1994, Emanuel Wilkes, Sr. and Emanuel Wilkes, Jr. (the Wilkeses) filed a complaint against Dr. *570 Charles M. Dorrough, Jr. (Dorrough) and Bolivar County Hospital (BCH).[1] The complaint alleged that Dorrough and BCH breached their duty to provide proper care to Gwendolyn Johnson-Wilkes (Gwendolyn) at BCH on June 3, 1993. This alleged negligence culminated in Gwendolyn's death. Gwendolyn was the thirty-nine-year-old wife and mother of Emanuel Wilkes, Sr. and Emanuel Wilkes, Jr., respectively. Dorrough and BCH denied any negligence in the case. On September 5 through 7, 2000, a trial was conducted in the Circuit Court of Sunflower County. The jury returned a verdict in favor of the Wilkeses and assessed damages in the amount of $1,500,000.00 against Dorrough. Judgment was entered accordingly on September 20, 2000. The trial court denied Dorrough's motion for judgment notwithstanding the verdict and in the alternative a motion for new trial. From this ruling, Dorrough now appeals to this Court. We find that Dorrough's arguments are without merit and affirm the judgment entered on the jury verdict of $1,500,000.00.

FACTS

¶ 2. Prior to a visit to Mississippi, Gwendolyn complained of a fluttering heart. She visited her brother-in-law, Dr. Charles Rogers (Rogers), in Columbus, Georgia. Rogers examined Gwendolyn and told her to see him after her trip to Mississippi if she experienced any further problems.

¶ 3. On June 2 and 3, 1993, Gwendolyn traveled from her home in Georgia to her mother's house in Shaw, Mississippi. Gloria Rogers (Gloria), O.D., accompanied her sister, Gwendolyn, to Mississippi along with other family members and friends. On June 3, 1993, Gwendolyn felt lightheaded and like her heart was racing. Gloria brought Gwendolyn to the BCH just after noon.

¶ 4. Dorrough treated Gwendolyn while she was at the hospital. He diagnosed her as suffering from supreventricular tachycardia (an increase in heart rate above the ventricle). Dorrough stated that a sinus tachycardia is a form of supreventricular tachycardia. Gwendolyn had blood tests and an EKG performed. She also was given Verapamil IV medicine to slow her respiratory rate. As Gwendolyn was discharged, she was told to follow-up with her physician and to return to the emergency room if she experienced any further problems during her stay in Mississippi.

¶ 5. In the early morning hours of June 4, Gwendolyn experienced more problems. However, she returned to Georgia. Upon arrival in Columbus, Georgia, Gwendolyn was admitted to the Medical Center. She complained of dizziness, shortness of breath and chest tightness and stayed at the Medical Center for over five hours. She was later transferred to St. Francis Medical Center in Columbus with the suspected diagnosis of acute pulmonary embolus. At St. Francis, Gwendolyn underwent emergency surgery. Unfortunately, the surgery was unsuccessful, and Gwendolyn died on June 4, 1993, of a pulmonary embolus.

¶ 6. The Wilkeses had two expert witnesses, Dr. Michael Vance (Vance) and Dr. Jay Falk (Falk), and Dorrough had one expert witness, Dr. Michael Dupuis (Dupuis). The jury heard conflicting testimony from the expert witnesses concerning the events leading up to Gwendolyn's death. Vance testified that Dorrough did not meet the minimum standard of care based on the fact that there was a sustained rapid heart rate and abnormal laboratory findings. Vance stated that Gwendolyn suffered from sinus tachycardia and not supreventricular tachycardia. Vance *571 defined sinus tachycardia as "an increase in pulse rate in response to an underlying disease state." He testified that the two terms are not the same.

¶ 7. Falk testified that, in his opinion, Dorrough misdiagnosed Gwendolyn. He believed that she suffered from sinus tachycardia and not supreventricular tachycardia. He testified that the two terms are not the same. Falk stated that in his opinion if Gwendolyn had been diagnosed and given the drug Heparin then she would not have embolized (clotted) and she would have survived. Further, he stated that most emboli (clots) come from the lower extremities and pelvis region.

¶ 8. Dupuis testified that Dorrough did not fall below the standard of care. He testified that Gwendolyn had a rare condition in that the clot that ultimately killed her was in the heart and did not come from the legs. In addition, he stated that Dorrough would not have known about the clot without an echocardiogram and Gwendolyn's presentation gave no indication that this procedure needed to be performed. Dupuis stated that Gwendolyn's death was unavoidable despite the best of care.

¶ 9. By a 9-3 vote, the jury rendered a verdict in favor of the Wilkeses and assessed $1,500,000.00 in damages against Dorrough. After judgment was entered based on the verdict, the trial court denied motions for JNOV and new trial. Dorrough appeals to this Court and raises the following issues:

1. Whether the trial court erred in allowing the jury to consider hedonic damages (i.e., loss of enjoyment of life).
2. Whether the Wilkeses' use of peremptory challenges violated Dorrough's 14th Amendment Right of Equal Protection pursuant to Batson.
3. Whether the award of damages was unsupported by credible or sufficient evidence; was beyond all measure, unreasonable and outrageous and shocks the judicial conscience of this Court.
4. Whether the objections of counsel for Wilkeses constituted attorney misconduct and prejudiced the jury against Dorrough.

DISCUSSION

1. Hedonic Damages in a Wrongful Death Suit.

¶ 10. Dorrough argues that the trial court erred in allowing the jury to consider hedonic damages (loss of enjoyment of life) in this wrongful death suit. In the alternative, Dorrough argues that even if the hedonic damage instruction was proper, the Wilkeses failed to present evidence that Gwendolyn suffered a debilitating injury which persisted for a period of time before her death.

¶ 11. Clearly, this Court has allowed hedonic damages in personal injury cases. See Kansas City S. Ry. v. Johnson, 798 So.2d 374, 380-82 (Miss.2001); Thomas v. Hilburn, 654 So.2d 898, 903 (Miss.1995). The Court of Appeals addressed the issue of hedonic damages in K.M. Leasing, Inc. v. Butler, 749 So.2d 310, 320 (Miss.Ct.App. 1999), and held the following:

We read Upchurch[2] narrowly to hold only that hedonic or loss of enjoyment of life damages are not allowable in a wrongful death action absent some evidence *572 that the decedent suffered a debilitating injury which persisted for a period of time prior to the death and that in that case, evidence of a loss of enjoyment of life damages might be admissible.

¶ 12. In the case sub judice, Gwendolyn went to BCH for treatment by Dorrough on June 3, 1993, from 12:20 to 3:03 p.m.

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Cite This Page — Counsel Stack

Bluebook (online)
817 So. 2d 567, 2002 WL 1038750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorrough-v-wilkes-miss-2002.