Wilson v. Humana Hospital

926 N.E.2d 821, 399 Ill. App. 3d 751, 339 Ill. Dec. 346, 2010 Ill. App. LEXIS 209
CourtAppellate Court of Illinois
DecidedMarch 19, 2010
Docket1-07-3454
StatusPublished
Cited by21 cases

This text of 926 N.E.2d 821 (Wilson v. Humana Hospital) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Humana Hospital, 926 N.E.2d 821, 399 Ill. App. 3d 751, 339 Ill. Dec. 346, 2010 Ill. App. LEXIS 209 (Ill. Ct. App. 2010).

Opinion

JUSTICE LAVIN

delivered the opinion of the court:

This appeal is the product of the trial of a medical negligence case brought by plaintiff Heide Wilson on behalf of her son, Jeremy, who sustained physical and neurological injuries around the time of his birth that plaintiff alleges occurred as a result of the negligence of the hospital where he was born. In sum and substance, plaintiff claims that defendant Humana Hospital, by and through its employees, was negligent for failing to timely perform and report certain laboratory studies that allegedly would have altered the treatment of the pregnant mother and the soon-to-be-born child in a manner that could have changed the child’s unfortunate medical outcome. Plaintiff’s original complaint included the two treating obstetricians as defendants, but plaintiff settled with one and voluntarily dismissed the other prior to the beginning of the trial. The lengthy and vigorously contested trial was a classic battle of medical experts, ending with a defense verdict and an answer to a special interrogatory that favored defendant on the issue of the neurological condition of the child as it related to the applicable statute of limitations, which was raised as an affirmative defense. Plaintiff now appeals, claiming a host of errors in the trial court on the admission of evidence, violation of motions in limine, as well as improper conduct by defense counsel in opening statement and closing argument. For the reasons discussed at some considerable length below, we affirm the judgment of the trial court.

BACKGROUND

On March 13, 1990, Heide Wilson (Heide) was several weeks short of her full term of pregnancy when her bag of waters ruptured, prompting her to appear at Humana Hospital (Humana) in the northwest suburban area of Chicago. There, she was treated by obstetricians Dr. Duboe and Dr. Ptasinski, various nurses and other hospital personnel. Most pertinent to the allegations of medical negligence in this matter, Dr. Duboe performed a vaginal swab and ordered a “stat” (as soon as possible) Group B streptococcus (GBS) culture to help rule out infection in light of Heide’s presenting condition, the ruptured amniotic sac. Despite the fact that this test was surely ordered, extensive examination of the medical chart, along with related depositions of Humana’s medical record custodians, established conclusively that there were no preliminary or final reports from this culture in the final medical chart that was produced to the parties during this litigation. No satisfactory explanation was ever forthcoming.

In the early portion of Heide’s admission at Humana, the medical staff followed up on the tests that had been ordered, but there was no evidence that anybody followed up on the seemingly critical vaginal swab. In the absence of any medical evidence that there was an infection, the medical doctors administered tocolytic drugs in an effort to delay delivery for the benefit of the preterm fetus, particularly in relation to fetal lung development. Despite this attempt to forestall delivery, Jeremy was delivered vaginally in the early morning hours of March 15, 1990. Jeremy was a number of weeks premature and upon birth was limp and motionless, and was observed to have significant difficulty breathing. He was immediately resuscitated and transferred to Humana’s newborn special care nursery, where he was mechanically ventilated. The doctors were concerned that Jeremy was suffering from sepsis, so antibiotic treatment was begun. The medical staff then made the judgment that Jeremy needed a higher level of care than they could provide at their community hospital, so arrangements were made to transfer Jeremy to the better-equipped and more expertly staffed Rush Medical Center (Rush) in Chicago.

While at Rush, Jeremy continued to undergo diagnostic tests and also received treatment for the presumed sepsis. Among many tests that were done, doctors there ordered a urine countercurrent immunoelectrophoresis (CIE) test, which could potentially shed light on the nature of the infection. There was also information in the Rush medical chart that established that they were in contact with Humana and had learned the results of various tests performed at Humana, including the vaginal swab test for GBS. The Rush medical chart noted that a report from Humana revealed the vaginal swab culture was negative for GBS. For reasons that will be discussed below, the jury never heard about this important entry in the Rush chart.

In the wake of his premature delivery, Jeremy was hospitalized for many months before being transferred home, where he received ventilator support of varying degrees for nine long years. In 1999, Jeremy underwent a double lung transplant and continued to require medical treatment thereafter for his various maladies.

The Trial

Plaintiffs essential medical theory in this case posited that the failure to timely inform the medical staff of the results of the vaginal swab for GBS at Humana inexorably led to a management plan that did not include the administration of prophylactic antibiotics. This allegedly contributed to the fact that Jeremy was born the following day with sepsis, a blood-borne infection, that plaintiff alleges caused a medical cascade of unfortunate circumstances leading to years of mechanical ventilation, enormous medical expenses, a double lung transplant and brain damage in the form of periventricular leukomalacia (PVL), which caused various mental and developmental difficulties for Jeremy.

Defendant Humana understandably took a different view of the medical evidence. It presented evidence to the effect that Heide likely suffered from chorioamnionitis, a maternal infection of the amniotic sac, which is known to occur with premature rupture of membranes. This condition, according to defendant’s several medical experts, was a competent cause of the sepsis suffered by Jeremy, who would have acquired it from his mother. In addition to introducing plentiful expert testimony on the issue of compliance with the standard of care, defendant vigorously defended this case on the issue of proximate cause, mostly focusing on the inherent potential complications associated with preterm birth, including the fact that Jeremy’s lungs were demonstrably immature, necessitating intubation, mechanical ventilation and other treatment to help his lungs function in a lifesaving manner. Defendant also supplied evidence from Rush to the effect that a Rush laboratory study (the CIE test) essentially negated any realistic possibility that Jeremy’s sepsis was caused by GBS. Finally, in a case that was filed more than 10 years after Jeremy’s birth, defendants filed an affirmative defense alleging that the relevant 8-year statute of limitations had expired, while plaintiffs urged that it should be tolled because of the minor child’s alleged neurological disability.

The parties engaged in extensive discovery and lengthy motion practice prior to trial. For the purposes of this appeal, the most significant pretrial motion concerned plaintiffs request for sanctions related to the failure to produce a preliminary and/or final report from the vaginal swab test. Defendant conceded that the lab reports were indeed missing from the medical chart. Rather than wait for the jury instruction conference when a missing record instruction might be tendered (Illinois Pattern Jury Instructions, Civil, No.

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Cite This Page — Counsel Stack

Bluebook (online)
926 N.E.2d 821, 399 Ill. App. 3d 751, 339 Ill. Dec. 346, 2010 Ill. App. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-humana-hospital-illappct-2010.