Small v. Temple University Hospital

8 Pa. D. & C.5th 61
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedNovember 10, 2008
Docketno. 1393
StatusPublished

This text of 8 Pa. D. & C.5th 61 (Small v. Temple University Hospital) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Small v. Temple University Hospital, 8 Pa. D. & C.5th 61 (Pa. Super. Ct. 2008).

Opinion

MAS SI AH-JACKS ON, J.,

On September 25,2003, Mr. Rufus Small unexpectedly died while he was a patient at Temple University Hospital. Mr. Small suffocated when he was unable to breathe due to an obstruction of his endotracheal tube. The blockage was a mucous plug, that is, hardened mucous secretions at the tip of his breathing tube. These facts were not hidden or denied by the Hospital.

The litigation commenced in September 2005, when the complaint was filed by the family. Six months later in March 2006, the defense expert confirmed to Temple Hospital that Mr. Small’s respiratory deterioration was related to “concretized” sections at the tip of the endotracheal tube.

[63]*63Following a jury trial, a verdict was rendered on December 6, 2007. The trial testimony presented by the plaintiffs and by the defendants revealed that the failure of the nurses or the respiratory therapists or other employees of Temple University Hospital to perform regular, routine or repeated suctioning of Mr. Small’s breathing tube over a period of several hours resulted in the mucous build-up which hardened and obstructed his airway, causing hypoxia/lack of oxygen and his death. Further, the failure of the Temple University Hospital employees and agents to communicate to the physicians about the patient’s known breathing difficulties prevented timely medical monitoring, assessment and evaluation of Mr. Small’s deteriorating situation. The jury awarded plaintiffs $1.7 million.

On September 10, 2008, the post-trial motions of Temple University Hospital were denied. See court exhibit “A”, attached hereto.

In accordance with Rule 1925(a) of the Pennsylvania Rules of Appellate Procedure, this court respectfully submits to the honorable Superior Court, the memorandum in support of order denying Temple University Hospital’s motion for post-trial relief and granting plaintiff’s motion for delay damages, dated September 10, 2008, as the reasons for the ruling. See court exhibit “B”, attached hereto.

[64]*64EXHIBIT “A”

ORDER

And now, September 10,2008, after consideration of the motion for post-trial relief filed by the defendant and the plaintiff’s response thereto, and, for the reasons set forth in the memorandum filed this date, it is hereby ordered that the motion for post-trial relief filed by Temple University Hospital is denied, and the plaintiff’s motion for delay damages (unopposed) is granted.

Judgment is entered in the amount of $1,885,288.35 in favor of plaintiff Emmanuel Small, administrator of the estate of Rufus Small, deceased and against defendant Temple University Hospital.

EXHIBIT “B”

MEMORANDUM IN SUPPORT OF ORDER DENYING TEMPLE UNIVERSITY HOSPITAL’S MOTION FOR POST-TRIAL RELIEF AND

GRANTING PLAINTIFF’S MOTION FOR DELAY DAMAGES

MASSIAH-JACKSON, J., September 10, 2008—

I. PROCEDURAL HISTORY

Following the death of Rufus Small on September 25, 2003, his family brought this medical malpractice action against several physicians and Temple University Hospital.

[65]*65On December 6,2007, the eighth day of trial, the jury returned a unanimous verdict in favor of the estate of Rufus Small in the amount of $1.7 million and against Temple University Hospital only. The jury found in favor of the three named defendant-doctors: Wissam Chatila M.D., Susan D. Agrama M.D., and Nicholas Patellis M.D. All other physicians listed on the caption were dismissed prior to trial.

The hospital has filed post-trial motions. The estate of Rufus Small filed a motion for delay damages. After receipt of the trial transcript, the parties submitted memoranda of law in support of their positions. The parties agreed to waive oral argument.

The defendant-Hospital contends that the trial court should have granted a directed verdict in favor of the Hospital, and does not seek a new trial. After careful consideration and for the reasons set forth in this memorandum, the court has determined that the plaintiff-estate of Rufus Small did meet its burden of proof. Judgment n.o.v. is not appropriate in this litigation. Temple University Hospital’s motion for post-trial relief is denied.

In Niles v. Fall Creek Hunting Club Inc., 376 Pa. Super. 260, 545 A.2d 926 (1988), the Superior Court commented at 264-65, 545 A.2d at 928-29:

“The entry of judgment notwithstanding a jury verdict ... is a drastic remedy. A court cannot lightly ignore the findings of a duly-selected jury. Thus, in considering a motion for judgment n.o.v., the court must view the evidence and all reasonable inferences that arise ... in a light most favorable to the verdict winner.”

[66]*66See also, Sundlun v. Shoemaker, 421 Pa. Super. 353, 617 A.2d 1330 (1992); Nernberg & Laffey v. Patterson, 411 Pa. Super. 417, 601 A.2d 1237 (1991); Vernon v. Stash, 361 Pa. Super. 36, 532 A.2d 441 (1987). Judgment n.o.v. is appropriate where either the evidence is such that no two reasonable minds could disagree that the outcome should have been rendered in favor of the movant, or the movant is entitled to judgment as a matter of law. Somerset Community Hospital v. Allan B. Mitchell & Associates, 454 Pa. Super. 188, 197, 685 A.2d 141, 146 (1996); Moure v. Raeuchle, 529 Pa. 394, 604 A.2d 1003 (1992). Neither situation is present in this action.

When considering whether a movant is entitled to judgment as a matter of law, the court must review the record and conclude that even with all factual inferences decided adverse to the movant, the law nonetheless requires a verdict in their favor. Quinby v. Plumsteadville Family Practice Inc., 589 Pa. 183, 204, 907 A.2d 1061, 1074 (2006).

Under the circumstances of this case judgment n.o.v. shall not be entered. All of the medical testimony was consistent in the conclusion that Mr. Small’s airway tube was blocked by a “concretized” mucous plug which could only have developed over a period of several hours and only if the Temple University Hospital nurses and staff failed to appropriately suction his breathing tube.

II. FACTUAL BACKGROUND

The facts leading to the death of Rufus Small are not in dispute. Every lawyer, doctor and witness explained to the jury that Mr. Small suffered cardiac arrest as he [67]*67lost oxygen and suffocated when the secretions in his breathing tube hardened into a “concretized” mucous plug.

Defense counsel told the jury in his opening statement, at Day I, N.T. 70:

“My clients do not hide, nor did they hide at the time, from the fact that Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Moure v. Raeuchle
604 A.2d 1003 (Supreme Court of Pennsylvania, 1992)
Niles v. Fall Creek Hunting Club, Inc.
545 A.2d 926 (Supreme Court of Pennsylvania, 1988)
Vicari v. Spiegel
936 A.2d 503 (Superior Court of Pennsylvania, 2007)
Hoffman v. Mogil
665 A.2d 478 (Superior Court of Pennsylvania, 1995)
Weiner v. Fisher
871 A.2d 1283 (Superior Court of Pennsylvania, 2005)
Small v. Columbia Gas of Pennsylvania, Inc.
525 A.2d 424 (Supreme Court of Pennsylvania, 1987)
Nernberg & Laffey v. Patterson
601 A.2d 1237 (Superior Court of Pennsylvania, 1991)
Somerset Community Hospital v. Allan B. Mitchell & Associates, Inc.
685 A.2d 141 (Superior Court of Pennsylvania, 1996)
Smith v. Yohe
194 A.2d 167 (Supreme Court of Pennsylvania, 1963)
Vernon v. Stash
532 A.2d 441 (Supreme Court of Pennsylvania, 1987)
Sundlun v. Shoemaker
617 A.2d 1330 (Superior Court of Pennsylvania, 1992)
Quinby v. Plumsteadville Family Practice, Inc.
907 A.2d 1061 (Supreme Court of Pennsylvania, 2006)
Campbell v. Attanasio
862 A.2d 1282 (Superior Court of Pennsylvania, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
8 Pa. D. & C.5th 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/small-v-temple-university-hospital-pactcomplphilad-2008.