Lewis v. United States

718 F. Supp. 1525, 1988 U.S. Dist. LEXIS 17143, 1988 WL 166513
CourtDistrict Court, M.D. Georgia
DecidedSeptember 1, 1988
DocketCiv.A. No. 87-85-COL
StatusPublished
Cited by1 cases

This text of 718 F. Supp. 1525 (Lewis v. United States) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. United States, 718 F. Supp. 1525, 1988 U.S. Dist. LEXIS 17143, 1988 WL 166513 (M.D. Ga. 1988).

Opinion

OPINION

ELLIOTT, District Judge.

This is a wrongful death action brought under the provisions of the Federal Tort Claims Act in which the Plaintiffs allege that negligent acts or omissions of government medical personnel at Martin Army Community Hospital, Fort Benning, Georgia, were the proximate cause of the death of their minor daughter. This Court has [1526]*1526jurisdiction over the parties and the subject matter, and venue is proper. Trial of the matter was held on June 13-14, 1988, and after considering the evidence and the arguments of counsel the Court now files this opinion in conformity with the requirements of the Federal Rules of Civil Procedure, incorporating herein the Court’s findings of fact and conclusions of law which will be readily apparent.

The Plaintiffs’ deceased daughter, Octavia Wynette Lewis, was a dependent of her father, who was an active duty member of the United States Army, and as such was entitled to medical care and benefits, and initially it is noted that Octavia was treated exclusively by military doctors for all of her health care needs from birth to the time of her death on June 17, 1981, at which time she was 13 years of age, so the “duty” element of the doctor-patient relationship is conclusive in this case.

The specific issue in this case is whether the Defendant, acting by and through its employees, failed to exercise the proper degree of care in not treating the child’s premature ventricular ectopic complex (PVC) condition (rapid, irregular heartbeat) which had been conclusively diagnosed in Octavia two years prior to her death by Martin Army Hospital cardiologist, Dr. William Harper, this condition having ultimately caused her death.

In July 1979 Octavia’s mother took her to the emergency room at Martin Army Hospital for treatment of what appeared to be flu-like symptoms and a doctor in the emergency room told Mrs. Lewis that her daughter had some irregular heart rhythms probably brought on by a virus and that he was going to put the child in the hospital for observation, which was done.

Dr. Harper’s first contact with Octavia as a patient was on July 13, 1979, and he testified “and at the moment I saw her, she was having ventricular extrasystoles (ecto-py) and we call them PVC’s today.” It is clear that he recognized that the child was experiencing a life-threatening situation and his decision was to “try and see if we could suppress the ventricular ectopy” with the use of an appropriate drug, a number of which were available. In other words, he correctly diagnosed the child’s condition and was aware that the proper course was to use anti-arrhythmic drug suppression therapy. However, all of the evidence shows that he initially made two mistakes, even before he eventually made the major and tragically negligent decision to cease any further drug treatment which was the thing that eventually led directly to her death. He chose to use the drug “Nor-pace” which was a commonly accepted anti-arrhythmic drug for adults but was a “bad choice” for use in a pediatric patient. Second, while the child was on this regimen of Norpace the Holter Monitor diagnostic test (which is an “at home portable electronic device that measures the heart activity”) was misinterpreted by Dr. Harper as evidencing “heart block” which, if true, meant that the drug was “over-suppressing” the heart. When he saw what he interpreted as “heart block” on the Holter Monitor strip he stopped the use of the drug. Dr. Harper later admitted in his testimony that it was his misinterpretation of what the Holter Monitor showed which led him to stop the use of the drug.

Apparently Dr. Harper was concerned about his own inability to formulate an acceptable plan of treatment in Octavia’s case because on August 28, 1979, he wrote to the Chief of Cardiology at Walter Reed Army Medical Center in Washington, D.C. and in his letter he stated:

I am justifiably quite concerned about this young lady. I feel that some effort should be made to suppress her ventricular ectopy (PVC’s)_I think serious consideration must be lent to the idea of a permanent pacemaker followed by aggressive anti-arrhythmic suppression of her ventricular ectopy. The alternative, of course, is benign observation.

He did not receive any response to the letter and he did not follow up on his request nor did he make any further attempt to suppress Octavia’s PVC’s even though he at all times recognized the need to do so. It was simply his decision not to [1527]*1527treat the child with any additional anti-arrhythmic drugs. The following questions were propounded to him and he gave the following answers:

Question: “Yet you knew she was in danger of sudden death.”
Answer: “Sure.”
Question: “But, you did not treat that, did you?”
Answer: “No.”

He not only did not follow up on any treatment for the child, he never advised the parents that their daughter was in a life-threatening situation.

Dr. Harper left Martin Army Hospital on April 30, 1980. He does not remember what consideration he gave to Octavia immediately prior to leaving the hospital. He testified that he had no real successor as far as there being a Board Certified Cardiologist coming in and succeeding him. In fact, he said “I don’t know who followed me. There was not anybody there when I left.” He further testified that he did not go through any change-over procedure with any successor because there was not one.

Octavia was, for all intents and purposes, simply abandoned by Dr. Harper prior to his departure from Martin Army Hospital as it was his own testimony that his “last footprint” in the child’s file was an EKG performed on September 13, 1979. This was a test ordered by Dr. Harper but apparently never acted upon by him in any manner.

The record indicates that a Cuban-trained health care provider employed at the hospital, Henry Mayo Rojas, apparently took over as Dr. Harper’s successor in the cardiology clinic because he made a note in Octavia’s file on June 27, 1980, on the occasion of Octavia’s annual visit, that she was “stable” when, in fact, an EKG test done at that time clearly demonstrated that she was still being victimized by PVC’s of a multi-focal variety. She was never advised to return to the clinic for any cardiac-related health care after that date, and she died suddenly less than a year later on June 17, 1981, from multi-focal PVC’s.

We move to a consideration of the expert medical testimony and an evaluation of the credentials of the experts.

Dr. William K. Harper, the primary treating physician of the deceased, is a graduate of the University of Mississippi Medical School (1973). He is Board Certified in Internal Medicine (1976) and in the subspecialty of Cardiovascular Disease of ABIM (1979). He did not get his board certification in cardiology until June 1979 while on active duty at Martin Army Hospital, one month before he met Octavia Lewis. Dr. Harper practices clinical cardiology. He is in private practice and by his own admission has never treated a pediatric cardiology patient (with the exception of the deceased). From the entire transcript of his testimony the Court is impressed that Dr.

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Related

Childs v. United States
923 F. Supp. 1570 (S.D. Georgia, 1996)

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Bluebook (online)
718 F. Supp. 1525, 1988 U.S. Dist. LEXIS 17143, 1988 WL 166513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-united-states-gamd-1988.