Mather v. Griffin Hospital

540 A.2d 666, 207 Conn. 125, 1988 Conn. LEXIS 94
CourtSupreme Court of Connecticut
DecidedApril 19, 1988
Docket13154
StatusPublished
Cited by206 cases

This text of 540 A.2d 666 (Mather v. Griffin Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mather v. Griffin Hospital, 540 A.2d 666, 207 Conn. 125, 1988 Conn. LEXIS 94 (Colo. 1988).

Opinion

Hull, J.

The defendant Griffin Hospital appeals from a judgment rendered on a jury verdict in this medical malpractice case. The minor plaintiff, Victor R. Mather,1 brought this action through his mother and next friend, Mohana Mather, against the hospital and Radoslav Marie, a physician, alleging that their negligence in his delivery and immediate postdelivery treatment resulted in cerebral palsy. The jury returned a verdict in the favor of Marie but found the hospital liable and assessed damages against it in the amount of $9 million. We find no error.

[127]*127The jury could reasonably have found the following facts. Victor, who was just over three years old at the time of trial, was born at 3:41 a.m., on February 25, 1983. He was delivered by Marie at Griffin Hospital (hospital). At birth, Victor took a breath, cried, moved his extremities and opened his eyes. Marie suctioned some fluid from Victor’s mouth and nose, cut the umbilical cord and turned him over to Dorothy Thompson, the delivery room nurse, while Marie turned his attention to the child’s mother. Within approximately two or three minutes after delivery, Victor’s condition began to deteriorate and he had trouble breathing. Thompson suctioned some slightly bloody fluid from Victor’s stomach and forced oxygen into his lungs using positive pressure equipment. Victor did not respond and stopped breathing altogether. Marie suctioned more fluid from Victor’s stomach and then inserted an endotracheal tube into his windpipe. Before administering oxygen through the tube, he attempted to suction fluid from the baby’s lungs by inserting a suction tube within the endotracheal tube. The suction tube given to Marie by Thompson, however, was too large to insert through the endotracheal tube. Thompson did not respond to Marie’s request for a smaller suction tube, and when he asked for a larger endotracheal tube, she gave him the same sized tube as before. As a result, Marie had to remove the endotracheal tube to suction Victor’s lungs and reinsert it to administer oxygen. Victor’s condition continued to worsen. Marie then asked Thompson for an “Ambu bag,” a type of oxygen delivery device, which he intended to attach to the endotracheal tube to create a “closed system” to maximize the flow of oxygen to Victor’s lungs. An Ambu bag has a mask attached to it; when it is removed, the bag can be connected to an endotracheal tube to deliver oxygen directly to the lungs. He attempted, without success, to remove the mask. He then told Thompson to do so. [128]*128She was unable to remove the mask and, consequently, it could not be connected to the endotracheal tube. The mask was then placed over the child’s nose and mouth and the oxygen administered. By this time, Victor was severely cyanotic, his color having turned dark blue to almost black from oxygen deprivation. Finally, Marie administered oxygen by blowing air from his mouth into Victor’s lungs through the endotracheal tube. At twelve minutes of life, the baby was breathing on his own. Shortly thereafter, he was transferred to the neonatal nursery. During the next several hours, Victor suffered several tremors or seizures.

After two days, Victor manifested difficulty sucking, had trouble breast feeding and had to be bottle-fed. He also became jaundiced due to elevation of his bilirubin level. This condition persisted throughout his hospital stay. On March 1, 1983, Victor and his mother were discharged with instructions to see Laura Ment, a pediatric neurologist recommended by Victor’s pediatrician.

The following day, Victor was seen by Ment. She admitted Victor to the Yale-New Haven Hospital newborn special care unit for treatment of hyperbilirubemia and dehydration. He was discharged from Yale-New Haven Hospital on March 8,1983, with a diagnosis of birth asphyxia. Over the next several months, Victor displayed marked developmental delay, abnormal neurological findings and subnormal head growth. Gerald Germano, Victor’s pediatrician, diagnosed Victor’s condition as “severe developmental delay and choreoathetoid cerebral palsy secondary to neonatal asphyxia” occurring between birth and Germano’s first examination of Victor at twenty to twenty-five minutes of life. At one year of age, Victor was referred to S. Nallainathan, a neurologist, for an examination. Nallainathan detected atrophy of Victor’s brain and attributed both this condition and his seizures to a lack of oxygen some time around birth.

[129]*129Following a trial lasting more than one month, the jury returned its verdict. The hospital moved to set aside the verdict and for judgment in accordance with its motion for a directed verdict. Both motions were denied. The hospital appeals on the following grounds: (1) the medical testimony failed to establish that the hospital’s acts caused Victor’s injuries; (2) the verdict was excessive as a matter of law and not supported by the evidence; and (3) the standard for measurement of damages used by the trial court was conceptually incorrect.2 We hold that the evidence adequately supports the jury’s verdict as to both liability and damages and that the amount of the verdict was not excessive as a matter of law. We further hold that the standard for measurement of damages used by the trial court was not conceptually incorrect.

Proximate Cause

Following the trial, the hospital moved for judgment in accordance with its motion for a directed verdict which was made but not resolved at trial. The hospital asserted before the trial court that there was no evidence as to the standard of care required of the hospital or any opinion evidence as to whether there had been a breach of the standard of care required. On appeal, the hospital contends that there was no competent expert testimony to establish the causal link between Victor’s injuries and the hospital’s acts or [130]*130omissions. It also argues that there was evidence of many potential causes for Victor’s condition and that the jury could not reasonably have ascribed his condition to actions by the hospital. It claims, therefore, that it was error for the trial court to have denied its motion for judgment in accordance with its motion for a directed verdict. We disagree.

Our review of the trial court’s refusal to direct a verdict requires us to consider the evidence in the light most favorable to the prevailing party, according particular weight to the congruence of the judgment of the trial judge and the jury, who saw the witnesses and heard their testimony. Bound Brook Assn. v. Norwalk, 198 Conn. 660, 667, 504 A.2d 1047, cert. denied, 479 U.S. 819, 107 S. Ct. 81, 93 L. Ed. 2d 36 (1986); Bleich v. Ortiz, 196 Conn. 498, 500-501, 493 A.2d 236 (1985). “The verdict will be set aside and judgment directed only if we find that the jury could not reasonably and legally have reached their conclusion.” Bound Brook Assn. v. Norwalk, supra.

Proximate cause is ordinarily a question of fact. Coburn v. Lenox Homes, Inc., 186 Conn. 370, 384, 441 A.2d 620 (1982). Establishment of the causal relationship between a defendant’s actions or failure to act and a plaintiff’s injuries requires a showing that the action or omission must have been a substantial factor in producing those injuries. Sanders v. Officers Club of Connecticut, 196 Conn. 341, 349, 493 A.2d 184 (1985); Mahoney v. Beatman, 110 Conn. 184, 195, 147 A. 762 (1929).

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Bluebook (online)
540 A.2d 666, 207 Conn. 125, 1988 Conn. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mather-v-griffin-hospital-conn-1988.