Siebe v. University of Cincinnati

766 N.E.2d 1070, 117 Ohio Misc. 2d 46
CourtOhio Court of Claims
DecidedOctober 29, 2001
DocketNo. 96-05467
StatusPublished
Cited by2 cases

This text of 766 N.E.2d 1070 (Siebe v. University of Cincinnati) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siebe v. University of Cincinnati, 766 N.E.2d 1070, 117 Ohio Misc. 2d 46 (Ohio Super. Ct. 2001).

Opinion

FRED J. SHOEMAKER, Judge.

{¶1} This case was tried to the court on the sole issue of liability. Plaintiff Daniel Siebe (“Daniel”) asserts claims for both personal injury to and wrongful death of Donna Siebe (“Donna”), and for negligent infliction of emotional distress on his own behalf. Plaintiff Charles Smithers (“Smithers”) asserts claims of personal injury, lack of informed consent, and negligent infliction of emotional distress. Defendant, University of Cincinnati, denies liability.

{¶2} In October 1994, Donna developed end-stage renal failure, necessitating a kidney transplant. Smithers, Donna’s brother, was found to be a suitable kidney donor. On June 7, 1995, Donna, her husband Daniel, and Smithers arrived at defendant’s University Hospital in preparation for the surgeries that were to take place on June 8, 1995. Donna was thirty years old, four feet, nine inches in height, and her normal weight was eighty to eighty-five pounds. Before her admission to surgery, she weighed approximately seventy-six pounds.

{¶3} On the morning of June 8, 1995, final preparations were made for the two surgeries. The first surgery was to remove Smithers’s left kidney, and the second surgery was to transplant that kidney into Donna. With respect to [50]*50Donna’s surgery, Dr. Janet Torpy, the attending anesthesiologist, was scheduled to insert a central venous line (“CVL”) into Donna’s right jugular vein. At the time of the surgery, Dr. Torpy was called away to an emergency and left the operating room. Dr. Dirk Younker, a staff anesthesiologist, began preparations for insertion of the CVL but he too was called to an emergency. Dr. Elizabeth Burgess, another staff anesthesiologist, was also called to an emergency.1 However, Dr. Burgess asked Dr. Lynda Groh, an anesthesia resident, to help make sure that the CVL was properly placed. When Dr. Groh entered the operating room, she was told to assist Lennda Hungerford, a trainee nurse anesthetist. Ultimately, Hungerford inserted the CVL in the presence of Dr. Groh. Hunger-ford testified that she had never placed a CVL before June 8,1995.

{¶4} Moreover, Hungerford testified that she did not have any formal training regarding the placement of a CVL. Virginia Grootegoed, Hungerford’s certified registered nurse anesthetist instructor, told Hungerford on the morning of Donna’s surgery that she would be involved in the placement of the CVL. Since Hungerford had no experience or training, she reviewed an anesthesia book that morning in an attempt to understand the procedure for placing a CVL.

{¶5} The CVL has two ports. During surgery, the CVL was used to infuse Dopamine in one port and to monitor central venous pressure in the other port. Additionally, fluids were administered through a peripheral IV (intravenous) line. After surgery, fluids were infused through the CVL and peripheral IV lines.

{¶6} At 3:27 p.m., Donna’s surgery was concluded. The transplant was successful, and Donna was sent to the post-anesthesia care unit (“PACU”) in stable condition for observation and care. At 3:30 p.m., a chest x-ray was taken to confirm the position of the CVL, which is standard procedure. Dr. Frans Rahausen, the surgery fellow who assisted Dr. Wesley Alexander in transplanting the kidney into Donna, reviewed the x-ray and requested that the anesthesia department be called to pull back the line because it appeared that the CVL was in too far.

{¶7} At 4:00 p.m., Nurse Teresa Kelley told Dr. Eleanor Canos, the on-call staff anesthesiologist, that Dr. Rahausen had requested that the CVL catheter be pulled back. Dr. Canos asked Kelley whether Donna was stable. Upon hearing that Donna was stable, Dr. Canos glanced at the x-ray but did not look at it closely to determine the position of the catheter. Dr. Canos told Kelley that she had to attend to a patient in the operating room and would return later to adjust the line. However, Dr. Canos never returned. Kelley testified that pulling back or adjusting the CVL is not a nursing function, and that it would not have been proper protocol for her to have adjusted it.

[51]*51{¶8} Beginning at 5:00 p.m., Donna was given fluids through the CVL in accordance with her doctors’ orders. During the next hour, her blood pressure dropped from 134/86 to 124/86, and her heart rate increased from 80 to 95 beats per minute (“bpm”). At 6:00 p.m., when she received more replacement fluid through the CVL, her blood pressure dropped further, and her heart rate increased to the point that she was tachycardic, from 95 to 117 bpm. From 7:00 to 8:00 p.m., her blood pressure dropped to 100/80 and her heart rate rose to 135 bpm.

{¶9} The medical records reflect that after surgery, Donna complained of severe back pain. Daniel testified that from 3:30 to 8:00 p.m., he was permitted to see Donna for three short periods of time. During those visits, Donna complained of severe pain in her back, neck, and right chest. Donna was in and out of consciousness after her surgery.

{¶10} At 8:00 p.m., Donna remained tachycardic with a heart rate of 118 bpm and her blood pressure dropped to 104/80. During the period from 4:00 to 8:00 p.m., Donna lost 3,425 cc (3.4 liters) of body fluid through urination. There was also a peripheral IV line in her arm, through which she received only 650 cc of replacement fluid between 7:00 and 8:00 p.m. At 8:15 p.m., Donna’s blood pressure fell to 65/44, and at approximately 8:30 p.m., her blood pressure fell further to 66/40. By 8:45 p.m., her blood pressure had dropped to 60/40 and her heart rate was 124 bpm. At that time, a “code” was called and CPR was initiated.

{¶11} From the time that Donna was in the operating room and in the PACU, until the time that the code was called, her oxygen saturation level was always above ninety percent.

{¶12} At 9:06 p.m., a second chest x-ray was taken. At 9:18 p.m., Donna’s left chest was surgically opened in order to permit direct cardiac massage. Upon opening the left chest, Dr. Rahausen found a somewhat empty heart. Donna did not respond to the direct cardiac massage. The second x-ray was viewed at approximately 9:30 p.m. According to Dr. John Valente, a second-year transplant fellow, it showed that the right side of the chest was opaque and that the central line looked “a little bit high and lateral.” Donna’s right chest was then opened and a large amount of blood-tinged fluid poured out. Dr. Rahausen reached into Donna’s right chest cavity and felt the CVL penetrating through the top right side of that area. Donna was pronounced dead at 9:39 p.m.

{¶13} Although Daniel requested an autopsy by the Hamilton County Coroner, none was performed. Medical records confirm that the coroner was notified and that Donna’s body was to be delivered to the morgue. However, the delivery date and time were not noted in the records, nor was the identity of the person who allegedly delivered Donna’s body to the morgue. Defendant asserted at trial [52]*52that the coroner has discretion to reject cases. However, there is no evidence that the coroner refused to perform an autopsy on Donna. The greater weight of the evidence leads this court to conclude that Donna’s body was never delivered to the morgue.

{¶14} On the day of the funeral, Daniel discovered that no autopsy had been performed. Consequently, the internment was postponed. Donna’s body was then transported to Louisville, Kentucky, to the office of the chief medical examiner. A forensic postmortem was performed by Dr. Tracy Handy, the chief medical examiner.

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Bluebook (online)
766 N.E.2d 1070, 117 Ohio Misc. 2d 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siebe-v-university-of-cincinnati-ohioctcl-2001.