Simmons v. O'Malley

85 F. App'x 322
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 6, 2004
Docket03-1039
StatusUnpublished
Cited by2 cases

This text of 85 F. App'x 322 (Simmons v. O'Malley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. O'Malley, 85 F. App'x 322 (4th Cir. 2004).

Opinion

OPINION

PER CURIAM.

This is a medical malpractice action founded upon our diversity jurisdiction and brought under Maryland law. Selinda Simmons filed this action against Dr. Neil O’Malley and various other defendants seeking damages as a result of the defendants’ alleged negligence in the treatment and care of her medical condition. A jury returned a verdict in favor of Simmons and awarded her $612,000 in damages. The defendants appeal from an order of the district court denying their motion for judgment as a matter of law. We affirm.

I.

A. Factual Background

In reviewing the denial of a motion for judgment as a matter of law, we must view the evidence in the light most favorable to Simmons, the nonmovant. Ocheltree v. Scollon Productions, Inc., 335 F.3d 325, 331 (4th Cir.2003). Accordingly, we recite the evidence presented at trial in this light, noting the relevant conflicts.

On August 9, 1996, Simmons visited the office of Dr. O’Malley, a neurosurgeon in Hagerstown, Maryland. At this time, Simmons was diagnosed as possibly suffering from pseudotumor cerebri, a neurological disorder characterized by increased intracranial pressure, swelling of the optic nerve (or “papilledema”), and, in some cases, vision loss. (J.A. at 63-64). After conducting an examination and reviewing Simmons’ medical history, Dr. O’Malley recommended that Simmons undergo a spinal tap (or “lumbar puncture”) to examine her spinal fluid pressure. Dr. O’Malley further recommended that Simmons receive an eye (or “ophthalmologic”) exam to test for papilledema. If increased spinal fluid pressure and papilledema are not present, it is unlikely that pseudotumor cerebri exists, and there is no evidence that it is active. Dr. O’Malley prescribed Deeadron, a corticosteroid used to decrease pressure in the brain, and instructed Simmons to take two milligrams of Deeadron four times a day “for the next few weeks.” (J.A. at 550).

Simmons had a lumbar puncture on August 15,1996, and the results of this procedure revealed no signs of abnormal spinal fluid or intracranial pressure. (J.A. at 111). On August 20, 1996, Simmons had an ophthalmological exam, which confirmed that “her vision was good” and that she exhibited no signs of papilledema. (J.A. at 112, 120). In the meantime, however, Simmons continued to take the prescribed dosage of Deeadron, and was not seen again by Dr. O’Malley until September 12, 1996. Dr. O’Malley’s notes of the September visit suggest that he reduced the Deeadron prescription “just slightly” after this visit. (J.A. at 138). At trial, however, Simmons put on evidence tending to show that, at all times relevant to these proceedings, her steroid prescription remained the same.

Dr. O’Malley saw Simmons again on November 5, 1996, at which time he noted that her symptoms appeared to be worsening. Dr. O’Malley concluded that Simmons had exhausted all conservative treatments for her medical condition and decided to refer Simmons to a specialist at the Johns Hopkins Hospital in Baltimore, Maryland in order to evaluate her *324 surgery options. Simmons thereafter saw Dr. John Weingart, a neurosurgeon at Johns Hopkins, on November 18, 1996. Her mother testified at trial that Simmons was still on the steroid Decadron at the same dose that Dr. O’Malley had prescribed in September. (J.A. at 557). Dr. Wiengart examined Simmons and concluded that it did not appear to him that she actually had pseudotumor cerebri. (J.A. at 330). Dr. Weingart noted, however, that Simmons had “many complications related to her steroids which need[ed] to be sorted out.” (Id.).

Specifically, since her last visit with Dr. O’Malley on November 5, 1996, Simmons had developed severe stretching of the skin (“striae”), large breaks in the skin, areas of bleeding and infection, a large seeping blister on her chest, hair loss, and truncal obesity. Simmons had also started to show signs of Cushing’s Syndrome, a disorder characterized by excessive fat deposits in the face and on the back of the neck. Immediately after her visit with Dr. Weingart, Simmons was sent to the emergency room. She was admitted to the hospital and remained there for the next four days while her steroid intake was “tapered” or gradually reduced.

B. Trial Court Proceedings

On October 22, 1999, Simmons filed a complaint in the U.S. District Court for the District of Maryland against Dr. O’Malley and several other defendants, alleging that the defendants were negligent in (1) placing her on an inappropriate steroid therapy, (2) continuing this therapy for a prolonged period of time, and (3) failing to properly monitor her condition in light of the potency of the drug and the high risk of side effects. Simmons further alleged that her injuries were the direct and proximate result of the defendants’ negligence in treating her medical condition.

The case was tried to a jury, and at the close of Simmons’ evidence, the defendants moved for judgment as a matter of law under Rule 50 of the Federal Rules of Civil Procedure. The trial court denied this motion on the grounds that Simmons had presented sufficient evidence on the issues of negligence, causation, and damages to submit the case to the jury. (J.A. at 563). The defendants renewed this motion at the close of all the evidence. The trial court once again denied the defendants’ motion and submitted the case to the jury, which returned a verdict in Simmons’ favor and awarded her $612,000 in damages. The defendants thereafter filed a post-trial motion for judgment as a matter of law and moved, in the alternative, for a judgment of remittitur and for a new trial. The trial court denied these motions, and the defendants filed the instant appeal.

II.

We review the denial of the defendants’ motion for judgment as a matter of law de novo. Corti v. Storage Tech. Corp., 304 F.3d 336, 341 (4th Cir.2002). Under Rule 50, judgment as a matter of law is appropriate only where “there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue[.]” Fed.R.Civ.P. 50(a)(1). In determining whether the evidence in this case is sufficient to support the jury’s verdict, we view the evidence in the light most favorable to Simmons, giving her the benefit of all reasonable inferences. “If, with that evidence, a reasonable jury could return a verdict in favor of [Simmons], the court must defer to the judgment of the jury, even if the court’s judgment on the evidence differs.” Duke v. Uniroyal, Inc., 928 F.2d 1413, 1417 (4th Cir.1991).

In order to prevail in her medical malpractice action against the defendants, Ma *325

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85 F. App'x 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-omalley-ca4-2004.