Teffeteller v. University of Minnesota

626 N.W.2d 201, 2001 Minn. App. LEXIS 537, 2001 WL 506890
CourtCourt of Appeals of Minnesota
DecidedMay 15, 2001
DocketC8-00-1935
StatusPublished
Cited by2 cases

This text of 626 N.W.2d 201 (Teffeteller v. University of Minnesota) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Teffeteller v. University of Minnesota, 626 N.W.2d 201, 2001 Minn. App. LEXIS 537, 2001 WL 506890 (Mich. Ct. App. 2001).

Opinion

OPINION

TOUSSAINT, Chief Judge

In this medical negligence wrongful death action, the district court granted respondents’ motion for dismissal, finding that appellant’s expert was not qualified to testify and that the required affidavit of expert review was insufficient under Minn. Stat. § 145.682 (2000). Because appellant’s expert has qualifications that permit the reasonable expectation that he could testify at trial; and his medical opinion covering the areas of the applicable standard of care, negligence, and causation establishes a chain of causation, we reverse and remand.

FACTS

Thad Roddy, a fifteen-year-old male, was diagnosed with leukemia. On December 4, 1996, he was admitted to respondent University of Minnesota’s bone marrow transplant unit. A bone marrow transplant was completed on December 12th.

Prior to, and following the transplant, Roddy was given a morphine drip to help assuage high levels of pain. The morphine dosage was increased on December 18th. In the evening, Roddy began experiencing a fever. Staff began to closely monitor Roddy and, at each check, noted that Rod-dy was responsive and that his vital signs were stable until 7:30 a.m. on December 19th.

On the morning of December 19th at 8:30 a.m., nurse Sima Perry noticed that Roddy had become unresponsive, his respiratory levels had decreased, and his pupils had become pinpoint and sluggish. The nurse contacted Dr. Cynthia Wetmore, an employee of respondent University of Minnesota, who visited Roddy, checked his status, and discussed the possibility of morphine toxicity as being the cause of Roddy’s lack of responsiveness. Dr. Wet-more, however, believed that morphine toxicity was an unlikely cause of Roddy’s condition because he had been on the morphine drip for the preceding nine hours without incident.

After speaking with Perry, Dr. Wetmore then attempted to contact Dr. Michael *204 Shannon, an employee of respondent Pediatric Research and Education Foundation (PRE). There is a factual dispute in the record as to whether Dr. Wetmore spoke with Dr. Shannon at this time regarding Roddy’s condition. Dr. Wetmore indicates that they spoke; Dr. Shannon indicates that they did not speak. Nevertheless, it is established that Dr. Wetmore consulted with Dr. Kenneth Tegtmeyer, another employee of PRE, at this time. The two doctors discussed Roddy’s condition and concluded that his condition could be the result of either an infection, a head bleed, or morphine toxicity. The doctors discussed the use of two drugs, Narcan versus Nubain, to remedy morphine toxicity, and also discussed discontinuance of the morphine drip. The conversation resulted in a decision to give a small dose of Nubain in order to determine whether there was a component of morphine toxicity present.

At 9:20 a.m., Roddy was given a small dose of Nubain and the morphine was discontinued. The staff continued to monitor Roddy’s condition. Roddy initially responded to the care with increased respiratory rates and more reactive pupils. At approximately 9:30 a .m., Dr. Bruce Bla-zar, a PRE employee, and Dr. Weigel, a University fellow, were called into Roddy’s room while on morning rounds. Neither Dr. Blazar nor Dr. Weigel had been consulted about Roddy’s condition prior to this time.

Between 9:30 a.m. and 10:23 a.m., Rod-dy’s status deteriorated again. At 10:00 a.m., Dr. Shannon and Dr. Tegtmeyer were asked to assist with Roddy. Narcan was ordered at approximately 10:23 a.m. During the administration of Narcan, Rod-dy went into respiratory arrest. Roddy lost consciousness, went into a coma, and never regained consciousness. He was placed on mechanical ventilation, but his overall condition declined and life support was terminated on January 3,1997.

Roddy’s autopsy report and death summary state that the exact cause of his arrest was not clear, but that the decreased respiratory state before his arrest was secondary to the administration of morphine. Respondents provided evidence that two-thirds of patients die from complications following a bone marrow transplant. The complications are numerous, including graft versus host disease, lung injury, failure of engraftment, and veno-occlusive disease. The death summary also reported that Roddy ultimately died of multi-organ failure caused by extensive lung damage that was possibly caused by infection, aspiration, drugs, and/or transfusions.

Following Roddy’s death, appellant Jean Teffeteller, as trustee for the heirs of Thad Roddy, filed suit alleging that respondents were negligent in failing to recognize the signs of morphine toxicity, and that such negligence directly resulted in Roddy’s death. Certain depositions were conducted, and appellant served upon respondents an expert affidavit stating that she expected Dr. William Perloff, a pediatrician, to testify regarding the applicable standards of care. The affidavit states, in summary, that (1) Narcan, not Nubain, is the drug given to reverse the effects of morphine toxicity; (2) the applicable standard of care required diagnosis of morphine toxicity and the administration of Narcan; and (3) the failure to administer Narcan to Roddy on December 19th between 8:30 a.m. and 9:25 a.m. was the proximate cause of Roddy’s death.

The district court dismissed the suit pursuant to Minn.Stat. § 145.682 (2000), holding that appellant’s expert (1) lacked the appropriate qualifications to render an opinion in this ease; and (2) even if he had the appropriate qualifications, he failed to *205 sufficiently explain the causal link between the respondent’s actions and Roddy’s death. This appeal followed.

ISSUES

I. Did the district court err in finding that appellant’s expert was not qualified to render expert testimony about the standard of care used to treat a post-operative pediatric bone marrow transplant patient suffering from morphine toxicity?

II. Did the district court err in finding that appellant’s expert’s affidavit was insufficient as to the alleged negligence of respondents and causation of Thad Roddy’s death?

ANALYSIS

Absent an abuse of discretion, this court will not reverse a district court’s dismissal of a suit pursuant to MinmStat. § 145.682 (2000). Anderson v. Rengachary, 608 N.W.2d 843, 846 (Minn.2000).

Under Minnesota law, a plaintiff who brings a medical malpractice claim must file an affidavit that identifies (1) qualified experts who intend to testify; (2) the substance of their testimony; and (3) a summary of the basis for the experts’ opinions. Minn.Stat. § 145 .682, subd. 4(a). Failure to comply with the affidavit requirements mandates that the district court dismiss the plaintiffs cause of action with prejudice. Id., subd. 6; Lindberg v. Health Partners, Inc., 599 N.W.2d 572, 577 (Minn.1999).

In determining whether to dismiss a claim under Minn.Stat. § 145 .682 for the inadequacy of an expert affidavit, the district court must read the affidavit as a whole. Demgen v. Fairview Hosp. & Healthcare Servs., 621 N.W.2d 259

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Related

Teffeteller v. University of Minnesota
645 N.W.2d 420 (Supreme Court of Minnesota, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
626 N.W.2d 201, 2001 Minn. App. LEXIS 537, 2001 WL 506890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teffeteller-v-university-of-minnesota-minnctapp-2001.