Kincl v. Hycel, Inc.

372 N.E.2d 385, 56 Ill. App. 3d 772, 14 Ill. Dec. 374, 1977 Ill. App. LEXIS 4013
CourtAppellate Court of Illinois
DecidedDecember 30, 1977
Docket60717
StatusPublished
Cited by25 cases

This text of 372 N.E.2d 385 (Kincl v. Hycel, Inc.) 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
Kincl v. Hycel, Inc., 372 N.E.2d 385, 56 Ill. App. 3d 772, 14 Ill. Dec. 374, 1977 Ill. App. LEXIS 4013 (Ill. Ct. App. 1977).

Opinion

Mr. JUSTICE WILSON

delivered the opinion of the court:

An action was brought by plaintiff, John Kind, the executor of the estate of Louis Kind, deceased, against Hycel, Inc. (Hycel), the Edward Hospital District, Alfred R. Olley and three doctors: Felipe Serna, James V. Dunphy, and George G. Markarian. In his suit, plaintiff sought damages for personal injuries which eventually caused Louis Kind’s death allegedly resulting from the negligence of defendants. The jury returned a verdict of *750,000 against Hycel; verdicts were returned in favor of the other defendants. Judgment on the verdict was entered by the court. Hycel appeals from the judgment in favor of plaintiff, alleging numerous trial errors which raise issues regarding evidentiary and procedural matters; the propriety of plaintiff’s closing argument; the manifest weight of the evidence; whether the chain of causation was broken by negligence constituting an intervening cause; whether the damages are excessive. In his cross-appeal, plaintiff contends that the verdicts in favor of the defendants are against the manifest weight of the evidence and that the cause should be remanded for a new trial. We affirm.

The facts sufficient to support our conclusions are presented in our discussion of the various issues and follow below.

On January 24, 1968, Louis Kind was brought to the emergency room of Edward Hospital, after he had fallen from a ladder. X rays revealed that Kind had several fractured ribs and a fractured pelvis, but he had no head injuries. Dr. Markarian, an orthopedic specialist, treated the fractured pelvis by putting Kind in traction. Dr. Nigro treated the fractured ribs. Kind’s condition began to improve. On January 27, however, Kind’s temperature rose and he began to exhibit symptoms of a fat embolism which is not uncommon following a fracture. As a result, Dr. Markarian treated Kind with Dextran, a blood plasma expander.

Kind’s condition steadily improved, and on the morning of January 31, Dr. Markarian discontinued the Dextran treatment. On January 30, Dr. Dunphy, a specialist in internal medicine, saw Kind. His study of Kind’s records indicated that the patient was properly recovering from the fat embolism and that nothing specific was wrong. Kind was alert and talkative. However, Dr. Dunphy ordered a blood sugar test. Alfred Olley, a hospital laboratory technician, performed the test on the morning of January 31; he employed a Hycel P.M.S. blood glucose test, a product of defendant Hycel. This test gave a reading of 2000 milligrams, which indicated an abnormally high concentration of glucose in Kind’s blood. Olley testified that a reading of 65 to 110 milligrams is normal. Furthermore, Dr. Dunphy testified that the highest reading that he had ever seen was less than 1000.

Olley did not check to determine if Kind was receiving a substance which would interfere with the blood sugar test. The laboratory chart did not indicate whether an intravenous solution had been given to Kind. In fact, Dextran had been given intravenously.

It was later determined that Dextran interference caused the inaccurate reading of 2000, because the Dextran drug appears as sugar in the Hycel test due to Hycel’s use of sulphuric acid in its method. Sulphuric acid breaks down the Dextran molecules into sugars which interfere with the Hycel test readings.

In accordance with the standard procedure for grossly abnormal test results, Olley brought the inaccurate reading of 2000 to Dr. Felipe Serna, the pathologist and director of the hospital laboratory. Dr. Serna testified that he knew that there could be interferences with various types of tests; therefore, abnormal results were reported to him, so that he could determine why an abnormal result had been reached. He asked Olley to repeat the test. After Olley repeated the test and reached the same inaccurate result, Dr. Sema ordered him to report the results to the floor where Kind was being treated. Dr. Sema had not contacted Kind’s attending physician or checked an urinalysis dealing with sugar.

On the morning of January 31, the results of the blood sugar test were reported to Dr. Dunphy. He testified that when he ordered the blood sugar tests, he did not suspect that Kind was diabetic. At a later time, an autopsy of Kind indicated that he had never had a diabetic condition in his pancreas. Indeed, Kind had no personal or family history of diabetes. Tests showed that there was no sugar in Kind’s urine. He further testified that it was possible that kidney damage prevented sugar from getting into the urine; Kind had a damaged kidney as he had protein in the urine. Without consulting with the laboratory on the issue of whether the Hycel test was reliable, Dr. Dunphy ordered an injection of 20 units of insulin for Kind. Dr. Frederick Andrew Gibbs, a neurologist called by plaintiff, testified that an injection of insulin is the standard treatment for the kind of diabetes involving a lack of natural insulin to control sugar.

At 11:20 a.m. on January 31, the 20 units of insulin were given to Kind. As Dr. Dunphy had requested, another blood sugar test was performed, and the Hycel method produced a result of 1580. At 2:45 p.m., on Dr. Dunphy’s order, Kind was given 50 units of insulin. Dr. Markarian testified that according to a nurse’s chart, Kind had a “ringing in his ears” at approximately 3 p.m. In addition, at approximately 4 p.m., Kind was sweating profusely; at 4:45 p.m., he was “very drowsy.” A blood sugar test, at about 5 p.m., produced a reading of 1620. At 5:30 p.m., Dr. Dunphy ordered another 20 units of insulin. He testified that according to the nurse’s notes, Kind was sweating profusely and drowsy from 8 p.m. to 10 p.m. A blood sugar test, at 8:30 p.m., gave a reading of 1580. Dr. Dunphy testified that by 9:30, he had reviewed some of the literature on diabetes and had decided that the insulin dosage was inadequate for the high blood sugar level. Thus, he ordered 100 units at 9:30 p.m. Also, he testified that the nurse’s notes at 11 p.m. revealed that Kind had gone into a deep sleep and was sweating.

On January 31, at 10:45 p.m., Marion Mirovsky, a private duty nurse hired by plaintiff to stay with the patient during nighttime, came on duty. Mirovsky testified that on the night of January 30, Kind’s condition seemed to be improving. When she came to work on January 31, she was shocked by a major change in Kind’s appearance. Mirovsky further testified that Kind was sweating profusely in a deep sleep. Later, he had an irregular pulse and irregular respiration. Mirovsky testified that “he had no rectal temperature at all, it didn’t register as 94 on the thermometer,” and she thought Kind was dying. Between midnight and 1 a.m., Kind appeared to be in great pain. He was thrashing and attempting to get out of bed. Mirovsky also testified that it took six people to restrain Kind who then fell into a very deep sleep from which he could not be aroused.

Around midnight, Mirovsky called Dr. Dunphy to warn him of Kind’s condition and to ask him to come to the hospital to check Kind. Mirovsky testified that Dr. Dunphy then refused to come to the hospital. She notified him of a blood sugar reading of 1400 which was produced by a test at midnight. On Dr. Dunphy’s orders, 50 units of insulin were administered to Kind at midnight. In the telephone conversation, Dr. Dunphy told Mirovsky to call Dr. Markarian. When she called him, Dr.

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Bluebook (online)
372 N.E.2d 385, 56 Ill. App. 3d 772, 14 Ill. Dec. 374, 1977 Ill. App. LEXIS 4013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kincl-v-hycel-inc-illappct-1977.