Eakins v. Huber

154 Wash. App. 592
CourtCourt of Appeals of Washington
DecidedFebruary 23, 2010
DocketNo. 27357-1-III
StatusPublished
Cited by8 cases

This text of 154 Wash. App. 592 (Eakins v. Huber) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eakins v. Huber, 154 Wash. App. 592 (Wash. Ct. App. 2010).

Opinion

Kulik, C.J.

¶1 Sheri Eakins appeals the trial court’s summary judgment dismissal of her medical malpractice claim against Dr. Philip Huber and Spokane Cardiology PS. She contends the trial court erred by concluding that her proffered medical causation evidence failed to meet the standard set forth in Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (1923). Ms. Eakins alleges that the stents containing nickel placed in her coronary artery caused a systemic allergic reaction. We conclude that Ms. Eakins’s causation theory has not achieved general acceptance in the relevant scientific community as required under Frye. Thus, we agree with the trial court’s decision and affirm.

FACTS

¶2 In September 2004, Dr. Huber, a cardiologist at Spokane Cardiology, implanted three stainless steel stents in Ms. Eakins’s right coronary artery to alleviate blockage. The stents were Boston Scientific TAXUS Express2 Paclitaxel-Eluting Coronary Stents, which contain 10 to 14 percent nickel. Ms. Eakins is allergic to nickel.

¶3 About two weeks after the surgery, Ms. Eakins developed a rash near the operation site. She also began to have episodes of joint pain and swelling, fevers, chills, sweating, elevated blood pressure, itching, and general aching. These symptoms continued to occur several times per month and lasted two to four days. Ms. Eakins attributed these symptoms to an allergic reaction to the stents.

¶4 Ms. Eakins moved to Arizona in February 2006. She continued to suffer from episodic allergic reactions. She was evaluated at the Mayo Clinic by several doctors; however, none was able to diagnose her condition or attribute her symptoms to the stents.

¶5 In August 2007, Ms. Eakins filed a medical malpractice lawsuit against Dr. Huber and Spokane Cardiology. She claimed that she informed Dr. Huber of her nickel allergy and, therefore, Dr. Huber’s implantation of the nickel-containing stents fell below the standard of care. She [596]*596claimed the stents caused her episodic systemic allergic reactions. Ms. Eakins filed a declaration from Dr. Carl Adams, a cardiothoracic surgeon from Colorado, which stated that “on a more probable than not basis to a reasonable degree of medical certainty the care rendered to Sheri Eakins fell below the standard of care for a physician practicing in Washington State, and said failure resulted in injury to Ms. Eakins.” Clerk’s Papers (CP) at 10.

¶6 Dr. Huber moved for summary judgment, contending Ms. Eakins failed to establish a prima facie case of negligence because she lacked competent medical evidence establishing a causal relationship between her symptoms and the stents. He contended that Ms. Eakins’s theory of causation was not supported by sufficient scientific data or peer-reviewed literature indicating general acceptance of the theory in the pertinent medical community under Frye.

¶7 In response, Ms. Eakins provided a supplemental declaration by Dr. Adams, who stated that the connection between implantation of stainless steel stents in patients with metal allergies to systemic allergic reactions is generally accepted in the medical community.

¶8 To support his opinion, Dr. Adams pointed out that the United States Food and Drug Administration (FDA) and the manufacturers of the TAXUS stent warn that patients with hypersensitivity to stainless steel may suffer an allergic reaction to stents. Dr. Adams also cited several medical articles, which will be discussed in detail below, linking the TAXUS stents to allergic reactions.

¶9 Dr. Adams explained what he believed to be the underlying mechanism of Ms. Eakins’s allergic reactions:

It is well established as a matter of basic chemistry that small amounts of nickel may leach from stainless steel when it is in contact with human tissue. Stents are placed inside a blood vessel where they are exposed to significant blood flow. Therefore during the time between implantation and the development of the epithelial cell coating there is a “window” when a small amount of nickel could enter the bloodstream. If a patient is sufficiently sensitive, that nickel would be expected to [597]*597provoke some degree of allergic reaction. The reaction would be expected to be diffuse, due to the nickel spreading through the bloodstream. . . .
The symptoms that Sheri Eakins attributes to metal allergy are in the nature of a systemic inflammatory response to the introduction of such an allergen, including rash, swollen joints, fever, sweats and elevated blood pressure. She reports a dramatic worsening of these conditions since the stent implantation. These are the same sort of symptoms found in the various studies referenced above.
. . . From a clinical standpoint I believe any practitioner would conclude that the stent implantation was a significant causative factor in Ms. Eakins’ current condition.

CP at 92-93.

¶10 Dr. Huber, in turn, filed the declaration of Dr. Garrison Ayars, a board-certified internist, allergist, and immunologist. Dr. Ayars stated that “on a more probable than not basis, that the field of medicine and in particular, the fields of allergy and immunology, have not generally accepted any causal relationship between the placement of a Taxus stent in a coronary artery and the development of a systemic reaction like that claimed by Ms. Eakins.” CP at 155. He asserted, “There is no body of peer reviewed, competent, medical literature supporting the causal relationship between the placement of a coronary artery stent and the development of the broad systemic reaction claimed by Ms. Eakins.” CP at 157.

¶11 The trial court granted Dr. Huber’s motion for summary judgment, finding (1) Dr. Adams’s proffered testimony did not satisfy the Frye requirement of showing general acceptance in the medical community; (2) Dr. Adams’s causation theory lacked a foundation in scientific theory, learned treatises, or testing and validation in the scientific community; and (3) Ms. Eakins failed to establish a genuine issue of material fact on the causation element of her standard of care with admissible expert testimony.

[598]*598¶12 Ms. Eakins moved for reconsideration and submitted additional articles from medical literature to support her position. The trial court denied the motion for reconsideration. Ms. Eakins appeals.

ANALYSIS

¶13 The issue before us is whether the trial court erred by granting summary judgment based on its conclusion that Dr. Adams’s causation theory did not satisfy Frye.

¶14 Summary judgment is proper only when the pleadings, depositions, and admissions in the record, together with any affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. CR 56(c); Young v. Key Pharm., Inc., 112 Wn.2d 216, 225, 770 P.2d 182 (1989). The purpose of a summary judgment motion is to avoid an unnecessary trial where no genuine issue as to a material fact exists. Young, 112 Wn.2d at 226. Summary judgment is proper in a medical malpractice case if the plaintiff lacks competent medical evidence to establish a prima facie case. Id. We review a grant of summary judgment de novo, viewing the facts and reasonable inferences in the light most favorable to the nonmoving party. Lybbert v. Grant County,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Of Washington, V. Patrick Leon Nicholas
Court of Appeals of Washington, 2025
Kerry L. Erickson, V. Pharmacia Llc.
548 P.3d 226 (Court of Appeals of Washington, 2024)
Lm, Gal W Dussault, V Laura Hamilton
Court of Appeals of Washington, 2017
Lake Chelan Shores Homeowners Ass'n v. St. Paul Fire & Marine Insurance
313 P.3d 408 (Court of Appeals of Washington, 2013)
Lake Chelan Shores v. St. Paul Fire
272 P.3d 249 (Court of Appeals of Washington, 2012)
Baechler v. Beaunaux
272 P.3d 277 (Court of Appeals of Washington, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
154 Wash. App. 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eakins-v-huber-washctapp-2010.