Granberry by Granberry v. Carbondale

672 N.E.2d 1296, 285 Ill. App. 3d 54, 220 Ill. Dec. 284
CourtAppellate Court of Illinois
DecidedNovember 13, 1996
Docket5-92-0628
StatusPublished
Cited by14 cases

This text of 672 N.E.2d 1296 (Granberry by Granberry v. Carbondale) 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
Granberry by Granberry v. Carbondale, 672 N.E.2d 1296, 285 Ill. App. 3d 54, 220 Ill. Dec. 284 (Ill. Ct. App. 1996).

Opinion

JUSTICE MAAG

delivered the opinion of the court:

Plaintiffs, Susan Granberry, by her mother and next friend, Carol Granberry, and Carol Granberry, individually, filed an eight-count complaint on May 4, 1984, in the circuit court of Jackson County alleging medical malpractice against defendants, Carbondale Clinic, Joseph C. Tsung, M.D., William R. Hamilton, M.D., and Sidney G. Smith, M.D. More specifically, the complaint alleged, inter alia, that because defendants were negligent in treating Carol’s preeclampsia, she delivered a premature child that suffered from respiratory distress syndrome, hyperbilirubinemia, birth trauma, hyponatremia, hypocalcemia, cerebral palsy, and spastic quadriparesis. On June 26, 1985, plaintiffs amended their complaint, adding Dr. Urduja Pulido as an additional defendant.

Susan’s cerebral palsy was caused by a brain lesion known as periventricular leukomalacia. Periventricular leukomalacia is a destruction of the white matter next to and above the brain ventricles. Due to plaintiffs’ main theory of malpractice that Susan’s brain lesion would not have developed but for the negligent failure to deliver Susan as soon as Carol developed severe preeclampsia, plaintiffs needed to establish that Susan’s brain lesion developed in útero as a result of Carol’s severe preeclampsia.

The trial lasted nearly four months, with the jury returning a verdict in favor of defendants. Plaintiffs’ post-trial motion was denied, and a timely notice of appeal was filed.

Plaintiffs claim that the trial court erred in refusing to allow them to ask Dr. Allan Bennett, a treating obstetrician, a hypothetical question designed to elicit a conditional admission of liability merely because Dr. Bennett did not agree with the condition.

The relevant facts are as follows. Dr. Roger Klam, an obstetrician and gynecologist, testified on June 15, 1989. Dr. Klam was the attending obstetrician at the time of Susan’s birth due to the fact that he was the doctor on call on May 24, 1982. Dr. Klam stated that the fetal heart monitor tracings at the time of Carol’s labor "looked perfectly normal.” Over the course of several pages of transcript, Dr. Klam agreed that Carol had heartburn complaints consistent with epigastric pain; elevated liver enzymes on May 17, 1982, and May 24, 1982; 160 systolic on two or more occasions while at bed rest six hours apart; three-plus edema; and two-plus persistent proteinuria for two weeks. He agreed that these symptoms "can be indicative of severe preeclampsia and according to 'Williams,’ they are.” Plaintiffs’ counsel listed the aforementioned symptoms and the sentence in quotation marks on plaintiffs’ exhibit No. 98. It appears from a review of the record that at this point in Dr. Klam’s testimony, plaintiffs’ exhibit No. 98 read as follows:

"Carol Granberry
She had:
1. Heartburn complaints consistent with epigastric pain[.]
2. She had markedly elevated liver enzymes on 5-17-82 and 5-24-82[.]
3. She had 160 systolic on 2 or more occasions while at bedrest 6 hours apart[.]
4. She had 3 + edema.
5. 2+ persistent proteinuria for 2 weeks.
These can be indicative of severe pre-eclampsia and according to 'Williams!’] they are[.]
Per Dr. Klam — 6-15-89[.]”

Approximately 60 pages later, plaintiffs’ counsel asked Dr. Klam if Carol suffered from three-plus brisk reflexes during the course of her pregnancy while she was hospitalized. Dr. Klam stated that he remembered seeing it one time. Then, the following colloquy between plaintiffs’ counsel and Dr. Klam occurred:

"Q. [by plaintiffs’ counsel] *** [B]risk reflexes *** is [sic] another indication of severe preeclampsia, isn’t it, sir?
A. [by Dr. Klam] It’s a warning sign. *** It can be. It’s one thing that — it might.” (Emphasis added.)

Plaintiffs’ counsel then completed plaintiffs’ exhibit No. 98, and in its entirety, it reads as follows:

"Carol Granberry
She had:
1. Heartburn complaints consistent with epigastric pain[.]
2. She had markedly elevated liver enzymes on 5-17-82 and 5-24-82 [.]
3. She had 160 systolic on 2 or more occasions while at bedrest 6 hours apart[.]
4. She had 3 + edema.
5. 2+ persistent proteinuria for 2 weeks.
6. 3+ brisk reflexes[.]
These can be indicative of severe pre-eclampsia and according to Williams,!’] they are[.]
Per Dr. Klam — 6-15-89[.]”

Written on the side of exhibit No. 98 is the following:

"7. Sudden or excessive weight gain — 9 pounds[.]”

After carefully reviewing the record, it is clear that plaintiffs’ exhibit No. 98 was prepared by plaintiffs’ counsel over a period of time during Dr. Klam’s cross-examination.

Dr. Bennett testified on June 16, 1989. Dr. Bennett is affiliated predominately with defendant Carbondale Clinic. Although Carol’s primary attending physician during the majority of her pregnancy was Dr. Joseph Tsung, Dr. Bennett acted as Carol’s primary attending physician during her hospitalization in May of 1982 because Dr. Tsung was on vacation at that time.

The hypothetical question at issue and the testimony leading up to the hypothetical question were as follows:

"Q. [by plaintiffs’ counsel] Now, Doctor, have I correctly stated your opinion: 'Hyperactive reflexes [also known as "brisk” reflexes] or hyperreflexia are not indications of a worsening case of preeclampsia unless accompanied by clonus, twitching, or seizures’?”
A; [Dr. Bennett] Yes, sir.
* * *
Q. Now, so that we make it clear, those were your views, your opinions and medical views that you acted upon and used and relied upon in observing Carol Granberry and in prescribing treatment or care for her during the time she was under your care. Isn’t that correct, sir?
A. That is, yes.
Q. And, Doctor, if it develops that the fact is that hyperactive reflexes or hyperreflexia are, indeed, indications of a worsening case of preeclampsia, then would it be fair to say, sir, that you did not adequately evaluate and care for Carol Granberry during the time she was under your care?” (Emphasis added.)

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Bluebook (online)
672 N.E.2d 1296, 285 Ill. App. 3d 54, 220 Ill. Dec. 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/granberry-by-granberry-v-carbondale-illappct-1996.