Holston v. Sisters of Third Order of St. Francis

650 N.E.2d 985, 165 Ill. 2d 150, 209 Ill. Dec. 12, 1995 Ill. LEXIS 84
CourtIllinois Supreme Court
DecidedApril 20, 1995
Docket75984
StatusPublished
Cited by73 cases

This text of 650 N.E.2d 985 (Holston v. Sisters of Third Order of St. Francis) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holston v. Sisters of Third Order of St. Francis, 650 N.E.2d 985, 165 Ill. 2d 150, 209 Ill. Dec. 12, 1995 Ill. LEXIS 84 (Ill. 1995).

Opinions

JUSTICE McMORROW

delivered the opinion of the court:

Defendant, The Sisters of the Third Order of St. Francis, as owner and operator of St. Anthony Medical Center (St. Anthony), appeals from a $7.3 million verdict entered against it in the circuit court of Cook County for the wrongful death of a patient, Theodora Holston (Holston). Plaintiffs are decedent’s children, Byron J. Holston and Heather L. Holston, who are co-administrators of her estate. All defendants other than St. Anthony settled with plaintiffs during trial. The jury awarded damages upon the wrongful death claims of Holston’s husband and two children, and also compensated Holston’s estate for her pain and suffering and disability and disfigurement. The appellate court affirmed. (247 Ill. App. 3d 985.) We allowed the defendant’s petition for leave to appeal (145 Ill. 2d R. 315).

Defendant challenges certain of the trial court’s rulings and also contends that the verdict was excessive. Specifically, defendant claims: (1) plaintiffs’ expert witness should have been precluded at trial from rendering an opinion that differed from or supplemented his deposition opinion regarding the hospital’s care; (2) defendant’s employee, a treating nurse, was wrongly precluded from giving an opinion as to the nursing standard of care; (3) defendant’s motion to transfer venue, which occurred during the trial and after plaintiffs dismissed the sole Cook County defendant, should have been granted; (4) the decedent’s pain and suffering and disability and disfigurement were improper elements of damages in light of her failure to regain consciousness; (5) on the issue of loss of consortium, the court should have admitted evidence that the decedent had been separated from her husband for a period of four months, although the separation had ended approximately years before her death.

We affirm the appellate court.

BACKGROUND

During the morning of January 12, 1978, Theodora Holston, aged 29, underwent gastric bypass surgery at St. Anthony’s Medical Center in an attempt to reduce her weight. Dr. George Arends, the anesthesiologist, placed a central venous pressure (CVP) catheter into Holston’s right internal jugular vein, which was threaded down to rest in a blood vessel above her heart. The purpose of the catheter was to monitor Holston’s fluids and central venous pressure. At 1 p.m., following her surgery, Holston was brought to the special care unit for post-operative care.

Unknown to anyone, the CVP catheter at some point punctured Holston’s heart and became embedded in a portion of her heart muscle. The nine-inch long catheter ran down the internal jugular vein into the heart and through the heart wall with the tip just beyond the heart wall into the pericardial sac. This caused the fluid from the IV to pass into the pericardial sac rather than into the intended blood vessel. The continuing accumulation of fluid in the pericardial sac created an increasing pressure on Holston’s heart, which eventually caused her to go into cardiac arrest. The medical term for the accumulation of fluid in the pericardial sac is cardiac tamponade, which is a life-threatening condition characterized by increased CVP readings, increased pulse rate, a condition known as pulsus paradoxus, and decreased blood pressure.

One of the primary issues at trial was whether St. Anthony, through its nursing staff, should have detected the patient’s deteriorating condition and notified doctors of her condition at an earlier time. According to evidence in the record, cardiac tamponade is a reversible condition if corrected early enough. Treatment for an early tamponade is a relatively simple matter of inserting a hypodermic needle into the pericardial sac and withdrawing the fluid. At trial, plaintiffs presented evidence that Holston’s tamponade had begun by 4 p.m. on January 12, 1978, and, although her treating nurse made several attempts to persuade the charge nurse to summon the doctors, it was not until 6:50 that Holston was brought into emergency surgery in an unsuccessful attempt to save her life.

Christine Carlson was the staff nurse who undertook the care of Holston during the critical hours before her death. According to her videotaped evidence deposition, which was shown to the jury at trial, the following chronology of events occurred while Carlson attended Holston. Shortly after Carlson came on duty, at 4 p.m., she observed from the patient’s medical chart that Holston’s pulse had risen to 120 heals per minute from a post-surgery baseline in the seventies. Carlson asked the nurse who had been attending Holston before 4 p.m. about the increase and was told only that the patient was "agitated.” Carlson then asked her supervisor, charge nurse Pam Markin, to examine the patient. However, Markin did not examine the patient at 4 p.m. or at 4:20 p.m., when Carlson repeated her request. Carlson testified that she believed that the patient might have been in the early stages of cardiac tamponade, based on her observations of several indicators, including the CVP reading, the elevated pulse, and the marginal urinary output of the patient. By 4:45, a warning buzzer had sounded on Holston’s pulse monitor three times, and her pulse had risen to 140. Carlson again asked Markin to check the patient, urging her to contact Dr. Sharp, the treating physician. Carlson conveyed her belief that Holston was tamponading, but Markin did not agree that it was necessary to notify Dr. Sharp. Mar-kin instructed Carlson to simply monitor the patient for indications of a dropping blood pressure, which would indicate the presence of cardiac tamponade. Markin told Carlson that the elevated pulse rate could be explained by the "restlessness” of the patient.

Carlson testified that Holston appeared to be resting comfortably at 4 p.m. but that she later expressed concern over the number of times Carlson left her bedside to talk to Markin. Although Carlson was unaware of it at the time, Holston was a nurse herself.

Carlson was concerned about Holston’s low urinary output, which indicated to her that something was definitely wrong and that Holston’s heart was not functioning properly. In addition, Holston’s pulse rate was continuing to climb and her CVP was significantly high. By 5 p.m., Carlson considered Holston’s condition to be so serious that she attempted to obtain Dr. Sharp’s telephone number and call him herself. Markin stopped her, instructed her to return to her station and advised Carlson that she, Markin, would make the judgment as to when it was necessary to summon a physician.

During the trial, Dr. Sharp, Holston’s surgeon and treating physician, stated that at 5 p.m., the individual readings of Holston’s vital signs as reflected in the medical chart could be considered normal. However, he acknowledged that the nurse at the bedside would be in the best position to interpret the patient’s condition, based on the trend of increasing pulse rate and CVP. Dr. Sharp testified that he should have been notified of Holston’s condition no later than 5 p.m., and if he had been notified then, he would have had sufficient time to properly diagnose and treat the tamponade before the condition became irreversible.

By 6 p.m., Holston’s pulse had reached 150 and her blood pressure was starting to fall. Carlson testified that she told Markin at that time that if she did not summon assistance immediately she would have a dead patient on her hands.

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Cite This Page — Counsel Stack

Bluebook (online)
650 N.E.2d 985, 165 Ill. 2d 150, 209 Ill. Dec. 12, 1995 Ill. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holston-v-sisters-of-third-order-of-st-francis-ill-1995.