Lucius P. Joe and Marva L. Joe v. Billy J. Parkhill, M.D.

62 S.W.3d 825, 2001 Tex. App. LEXIS 7663, 2001 WL 1423504
CourtCourt of Appeals of Texas
DecidedNovember 15, 2001
Docket06-00-00116-CV
StatusPublished

This text of 62 S.W.3d 825 (Lucius P. Joe and Marva L. Joe v. Billy J. Parkhill, M.D.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lucius P. Joe and Marva L. Joe v. Billy J. Parkhill, M.D., 62 S.W.3d 825, 2001 Tex. App. LEXIS 7663, 2001 WL 1423504 (Tex. Ct. App. 2001).

Opinion

OPINION

DONALD R. ROSS, Justice.

Lucius and Marva Joe appeal the trial court’s judgment in favor of Billy Parkhill, M.D. The Joes sued Parkhill alleging he was negligent in failing to recognize complications resulting from an arteriogram and angioplasty procedure Parkhill performed on Lucius’ left renal artery. The Joes further alleged that, as a result of Parkhill’s negligence, Lucius’ right renal artery became blocked and his right kidney failed, eventually leading to its removal and his having to undergo dialysis treatments. The case was tried to a jury, which found in favor of Parkhill. The trial court rendered judgment accordingly.

On appeal, the Joes contend there was factually insufficient evidence for the jury to find in favor of Parkhill. When a party attacks the factual sufficiency of an adverse finding on an issue on which that party had the burden of proof, he or she must demonstrate that the adverse finding is against the great weight and preponderance of the evidence. Dow Chem. Co. v. Francis, 46 S.W.3d 237, 242 (Tex.2001). We consider and weigh all of the evidence and set aside the verdict only if the evidence is so weak or the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Id.

Lucius testified he noticed blood in his urine sometime in 1997. He consulted his primary care physician, Melvin Jackson, M.D., a doctor of internal medicine, who referred him to a urologist. The urologist discovered a blockage in Lucius’ left renal artery and recommended he undergo a renal arteriogram and angioplasty for placement of a stent in the artery.

A renal arteriogram is a procedure in which dye is introduced into the abdominal area and images are taken to allow the radiologist to assess the condition of the renal arteries, the position of the kidneys, and the flow of blood to the kidneys. Angioplasty is a procedure in which a balloon catheter is inserted through the blocked portion of an artery and the balloon expanded to increase blood flow through the artery. Often a stent will be placed in the artery to prevent subsequent blockage.

To perform these procedures, the urologist referred Lucius to Parkhill. Parkhill is an interventional radiologist, a subspe-cialty of radiology in which the radiologist performs certain invasive treatment procedures aided by imaging tools (e.g., x-rays, ultrasound, MRIs, CAT scans, etc.). Parkhill testified he performed renal artery angioplasties in his residency from 1978 to 1982, but did not perform the procedure in his private practice until 1992. He testified that, from 1992 to April 1997, the date of Lucius’ angioplasty, he performed three other renal artery angio *827 plasties, the latest one occurring about a year before Lucius’ angioplasty. 1

Parkhill testified that he used a fluoroscope, which is an x-ray beam projected onto a receptor, to transmit real-time images to a television monitor. He also testified he viewed static digital images of the procedure on a separate computer monitor and was able to adjust the contrast and brightness of these images. However, he testified these digital images also contain visual distortions, i.e., things that appear on the monitor or on a hard-copy image that are not actually there.

Parkhill testified he made four separate runs, or injections of dye and viewing of images, each from slightly different angles and magnifications. In each run, he viewed the real-time images and between fourteen and seventeen static digital images, a smaller number of which were reduced to hard copies and introduced into evidence. He testified, however, that he did not make a run at the end of the procedure.

The parties agree Lucius’ was a very difficult procedure. There was testimony that Lucius exhibited a 95% to 98% blockage of his left renal artery and a 75% to 90% blockage of his right renal artery. Parkhill testified he was unable to cross the blockage in the left renal artery with the balloon catheter because the plaque blocking the artery was too tough to be crossed. Thus, he could not successfully complete the angioplasty. In a progress note written shortly after the procedure, Parkhill noted there were no complications from the procedure.

After Lucius was returned to his hospital room, his blood pressure began to spike. The procedure began at 1:00 p.m. and ended at 2:25 p.m. Lucius’ blood pressure at 12:45 p.m. was2%. Marva testified her husband’s blood pressure spiked at around 3:15 p.m. to2%o. In contrast, Parkhill introduced into evidence hospital records showing Lucius’ blood pressure was21%oo at 3:00 p.m.,21%io at 3:45 p.m., and 2%o at 4:15 p.m.

Lucius was moved to the intensive care unit (ICU) at 5:00 p.m. He began to experience nausea, vomiting, flank pain, and cessation of urine output. He was later transferred to Baylor Medical Center in Dallas. About five days later, the doctors at Baylor concluded Lucius’ right renal artery was completely blocked. They performed exploratory surgery, did a bypass on his left renal artery, and removed his right kidney, which was no longer functioning.

William Shutze, M.D., the surgeon at Baylor who performed the bypass of Lucius’ left renal artery and removed his right kidney, testified that in his opinion the right renal artery became blocked as a result of the procedure performed by Parkhill. He acknowledged, however, that he was not offering an opinion regarding whether Parkhill was negligent, that he could not state with certainty when the artery became blocked, and that the specialists who cared for Lucius after the procedure should have been able to recognize the clinical signs of a blocked renal artery.

Michael Rothkopf, M.D., the Joes’ expert witness, testified that, during the attempted angioplasty, Parkhill’s manipulation of the catheter inadvertently pushed *828 plaque into the right renal artery, which caused it to become completely blocked. He pointed to hard-copy images made at the beginning of the procedure, which he testified showed blood flowing through the right renal artery, and to hard-copy images made fifteen minutes into the procedure, which he testified showed clots at the opening of the right renal artery that disrupted blood flow. He testified that Lucius’ clinical condition following the procedure — his spike in blood pressure, nausea and vomiting, flank pain, and cessation of urine output — would have alerted a reasonably prudent physician performing this procedure that Lucius’ renal artery was blocked.

Rothkopf testified Parkhill was not negligent for causing the obstruction in Lucius’ right renal artery, but testified Parkhill was negligent for failing to recognize Lucius’ condition and its probable cause both during and after the procedure. He also testified Parkhill was negligent for failing to accurately report the existence of complications to the other doctors who assumed Lucius’ care after the procedure.

Rothkopf conceded, however, that the hard-copy image did not show a complete blockage.

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Related

Dow Chemical Co. v. Francis
46 S.W.3d 237 (Texas Supreme Court, 2001)

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Bluebook (online)
62 S.W.3d 825, 2001 Tex. App. LEXIS 7663, 2001 WL 1423504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucius-p-joe-and-marva-l-joe-v-billy-j-parkhill-md-texapp-2001.