Klaus v. Kirkland

16 Pa. D. & C.5th 1
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedAugust 12, 2010
Docketno. 3155
StatusPublished

This text of 16 Pa. D. & C.5th 1 (Klaus v. Kirkland) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klaus v. Kirkland, 16 Pa. D. & C.5th 1 (Pa. Super. Ct. 2010).

Opinion

QUIÑONES ALEJANDRO, J,

[3]*3INTRODUCTION

This matter involves a medical professional liability action brought by Patricia Klaus (plaintiff-Wife) and Herbert Hoffman (plaintiff-Husband) against numerous physicians and affiliated healthcare institutions accused of negligence for failing to diagnose and/or treat plaintiff-Wife’s chronic diarrhea and rectal bleeding. The individual physicians and healthcare providers sued were: Matt L. Kirkland M.D., Pennsylvania Hospital, Trustees of the University of Pennsylvania, Frankford Hospital Bucks County Campus, Joseph E. Kemizian M.D., William L. Kliefoth Jr. D.O., Jose R. Carrasquillo M.D., and P.H.G.I. Associates Ltd.

A review of the official record (docket) reveals that this matter was originally scheduled for trial before the Honorable John M. Younge. However, by order dated December 8, 2008, Judge Younge remanded the case to the compulsory arbitration program.1 On March 31,2009, an arbitration panel issued a finding in favor of all defendants and against plaintiffs. Thereafter, on April 9, 2009, plaintiffs filed an appeal and requested a de novo jury trial.

On March 20, 2010, following a seven-day trial, the jury rendered a verdict in favor of defendants Dr. Carrasquillo and P.H.G.I. Associates and against plaintiffs [4]*4finding that defendant Dr. Carrasquillo did not breach the applicable standard of care.2

Dissatisfied, plaintiffs filed this appeal contending that the undersigned trial judge erred in permitting expert opinion testimony and/or in charging the jury. This trial judge disagrees and, for the reasons stated herein, respectfully recommends that this appeal be dismissed.

FACTUAL HISTORY

At trial, the following evidence was presented:

In 2003, plaintiff-Wife underwent a Roux-en-Y gastric bypass surgery performed by Dr. Kirkland at Pennsylvania Hospital.3

Following this gastric bypass surgery, plaintiff-wife did relatively well until February 27, 2005, when she awoke with severe abdominal pain.4 She was taken to Pennsylvania Hospital and was diagnosed with a volvulus, a 360 degrees twisting of the small bowel that had been connected to her stomach during the bypass surgery.5 On February 28, 2005, Dr. Kirkland performed a resection surgery and amputated the segment of the twisted colon while still maintaining the gastric bypass.6 [5]*5She was discharged from Pennsylvania Hospital on March 4, 2005.7 Thereafter, plaintiff-Wife suffered constant abdominal pain and chronic diarrhea.8

On March 24, 2005, plaintiff-Wife experienced an onset of severe rectal bleeding and syncope.9 She was taken by ambulance to the emergency room at Frankford Hospital and later, that same day, was transferred to Pennsylvania Hospital.10 Several tests were performed upon her admission, including measurements of her vitamin K levels — a biochemical agent responsible for promoting blood coagulation.11 Critical to this appeal is an understanding of the impact of a patient’s blood levels of vitamin K; i.e.:

“When appropriate, physicians order a blood test referred to as the international normalized ratio (INR) to measure the blood’s ability to coagulate.12 A patient with a normal amount of vitamin K in the bloodstream will have an INR measurement between 0.8 and 1.2.13 An INR value above 1.2 reflects an insufficient amount of vitamin K making the patient prone to bleed excessively because the blood is not coagulating as effectively.”14

[6]*6Plaintiff-wife’s vitamin K test results showed that she had an elevated INR measurement of 1.415 and, accordingly, was administered a vitamin K injection. Under normal circumstances, this supplement was expected to remain in the body for up to one month and synthetically increase her vitamin K levels.16 Subsequent blood studies drawn on March 26th and March 28th showed normal INR measurements of 1.2.17

It was during this admission at Pennsylvania Hospital that defendant Dr. Carrasquillo, a gastroenterologist employed by defendant P.H.G.I. Associates,18 first became involved to plaintiff-Wife’s care. He was called in as a consultant to investigate the cause of her abdominal pain, diarrhea and rectal bleeding.19 On March 30, 2005, defendant Dr. Carrasquillo, inter alia, performed an upper endoscopy which revealed a normal esophagus with no bleeding;20 and biopsied small bowel and stomach samples which were found to be normal except for signs of gastritis.21 On March 31, 2005, Dr. Kirkland discharged plaintiff-Wife from the [7]*7hospital without seeking further input from defendant Dr. Carrasquillo.22

Surprised by plaintiff-Wife’s discharge, defendant Dr. Carrasquillo called plaintiff-Wife at home and scheduled her for a follow-up appointment.23 On April 4, 2005, plaintiff-Wife kept the appointment with defendant Dr. Carrasquillo and was readmitted that same day into Pennsylvania Hospital under his care.24 During this second admission, plaintiff-Wife underwent a colonoscopy which showed some diverticula but no other significant findings;25 an upper endoscopy which showed no active bleeding;26 and a small bowel study which showed one or two loops of small bowel with mild focal thickening and nodularity.27 Blood samples were drawn on April 5th, 7th and 9th and were found to have normal INR measurements of 1.2,1.1 and 1.0, respectively.28 Plaintiff-[8]*8Wife had an episode of rectal bleeding on or about April 6, 2005,29 and was stabilized. She was subsequently discharged from the hospital on April 13, 2005.30

On April 25, 2005 and May 16, 2005, plaintiff-Wife had out-patient follow-up visits with defendant Dr. Carrasquillo to determine the cause of her abdominal pain, diarrhea, and rectal bleeding.31 During these visits, defendant Dr. Carrasquillo performed additional studies which were unremarkable, except for a stool sample study which could not rule out bacterial overgrowth, pancreatic insufficiency or short bowel syndrome.32 To treat these potential conditions, plaintiff-Wife was started on medications and referred to a nutritionist.33 In addition, defendant Dr. Carrasquillo recommended to plaintiff-Wife that she schedule a double-balloon enteroscopy.34 This procedure was per[9]*9formed by Jeffery Tokar M.D., at Fox Chase Cancer Center, on July 1, 2005, which did not show a bleeding site or the cause of plaintiff-Wife’s diarrhea.35

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Bluebook (online)
16 Pa. D. & C.5th 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klaus-v-kirkland-pactcomplphilad-2010.