Wood v. United States

209 F. Supp. 3d 835, 2016 U.S. Dist. LEXIS 95144, 2016 WL 3962618
CourtDistrict Court, M.D. North Carolina
DecidedJuly 21, 2016
Docket1:14cv1004
StatusPublished
Cited by12 cases

This text of 209 F. Supp. 3d 835 (Wood v. United States) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. United States, 209 F. Supp. 3d 835, 2016 U.S. Dist. LEXIS 95144, 2016 WL 3962618 (M.D.N.C. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge

This is an action by Plaintiff, Ethel Thomas Wood, as Executor of the estate of her deceased husband, James Waverly Wood, alleging negligence and premises liability against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq. (“FTCA”), following Mr. Wood’s surgery and subsequent death at a Veterans Affairs (“VA”) facility. The United States now moves for summary judgment on four grounds: (1) Plaintiff did [838]*838not provide notice of her current theories to the administrative agency as required by the FTCA; (2) res ipsa loquitur is inapplicable; (3) there are no genuine issues of material fact as to the United States’ lack of ordinary negligence; and (4) Plaintiffs negligence claim sounds in medical malpractice but her complaint lacks the expert certification required by North Carolina law. (Docs. 30, 31.) For the reasons set forth below, the United States’ motion will be granted as follows: Plaintiffs premises liability and ordinary negligence claims will be dismissed, but because Plaintiffs negligence claim would properly sound, if at all, in medical malpractice yet was properly exhausted, it will be dismissed without prejudice.

I. BACKGROUND

On August 9, 2012, Mr. Wood was admitted to the Durham Veterans Affairs Medical Center (“Durham VA”) for four-vessel coronary artery bypass graft surgery, commonly known as a quadruple bypass.1 The anesthesia team caring for Mr. Wood was led by Dr. Christy Crockett, a fourth-year resident in her cardiac anesthesia rotation, and Dr. Jonathan Mark, the attending anesthesiologist. (Doc. 31-9 at 2.)

To ensure the delivery of certain medications during surgery, Dr. Crockett placed a central line, also known as a “multi-lumen access catheter,” into Mr. Wood’s internal jugular vein. (Doc. 32-2; Doc. 35-4; Doc. 35-5 at 2-3.) Dr. Crockett secured the central line to Mr. Wood’s neck with sutures and an occlusive dressing and verified its correct placement by ultrasound. (Doc. 32-2; Doc. 32-3 at 4.)

When Mr. Wood’s quadruple bypass was completed, the anesthesiology team was tasked with transferring him from the operating room (“OR”) table to a transport bed. (Doc. 31-10 at 2-3.) Mr. Wood was connected to a multitude of medical devices, which had to be “disconnected or otherwise moved with [Mr. Wood] as he [was] transferred from the operating room table to the intensive care transport bed.” (Doc. 32-1 at 3.) At approximately 2:15 p.m., Dr. Crockett and Dr. Mark began the process of disconnecting devices that were not needed for transport and connecting devices that were required for transport to the transport monitor. (Id. at 3-4.) They then spent several minutes tracing all of the various lines and tubes to make sure they were free and clear and had enough slack to be able to move Mr. Wood from the OR table to the transport table. (Id.) This process took approximately seven minutes and concluded at 2:22 p.m. (Id at 4.)

At approximately 2:22 p.m., the team moved Mr. Wood to the transport bed using a roller board. (Id. at 5.) At least five individuals assisted with the move: Dr. Crockett, Dr. Mark, a physician’s assistant, and two OR nurses. (Doc. 31-10 at 5.) Dr. Crockett led the move and was located at Mr. Wood’s head. (Id.) “Just before the move,” Dr. Crockett says she performed a final check to ensure that all lines that needed to make the transfer with Mr. Wood were free and clear. (Id.) In order to control the medication lines during transfer, it was Dr. Crockett’s practice to tape them together and either hold them in her hand or drape them over her arm. (Id.) With the taped lines embraced between her arm and Mr. Wood’s head, Dr. Crockett counted to three and initiated the move. (Id.) However, as the team moved Mr. Wood from the OR table to the transport bed, Dr. Crockett felt a tug. (Id.) She [839]*839then saw that Mr. Wood’s central line had come out of his neck during the move. (Id.) Although she cannot be sure, Dr. Crockett believes that this may have happened when one of the multiple medication lines leading from the transfusion pumps to Mr. Wood’s central line “got caught on either the padding on the OR bed or the side of the table itself.” (Id.)

Dr. Crockett says she restored the flow of medication to Mr. Wood within seconds through a peripheral IV, yet Mr. Wood nearly simultaneously developed severe hypotension (abnormally low blood pressure). (Id. at 6.) The team responded by administering large doses of epinephrine, and the surgeon reopened Mr. Wood’s chest and initiated open cardiac massage. (Id.) Mr. Wood was moved to a separate room and died fourteen days later on August 23, 2012.

Following Mr. Wood’s death, Plaintiff filed a Standard Form 95 (“SF-95”) with the VA. (Doc. 31-2.) She alleged that the disconnection of her husband’s central line during the transfer described above proximately caused his death. (Id. at 4.) She further alleged that the caregivers “violated the applicable standard of care by failing to properly connect and/or secure Mr. Wood’s internal jugular line.” (Id. at 5.) The VA subsequently denied Plaintiffs claim, and thereafter she filed this action in federal court under the FTCA.

Plaintiffs initial complaint incorporated the factual allegations stated in her SF-95 filing. (Doc. 1.) Count one alleged “Medical Malpractice,” while count two alleged premises liability. (Id. at 5-6.) Pursuant to North Carolina Rule of Civil Procedure 9(j), N.C. Gen. Stat. § 1A-1, Rule 9(j), her complaint contained a certificate that the medical care had been reviewed by a person who is reasonably expected to qualify as an expert witness and who is willing to testify that the medical care did not comply with the applicable standard of care. (Id. at 6.) After the completion of discover, however, Plaintiff moved to amend her complaint. (Doc. 23 at 1.) She contended discovery had revealed that transferring Mr. Wood was a predominantly physical or manual activity that did not constitute a professional health care service as required for a medical malpractice action and therefore sought amendment to proceed under a theory of ordinary negligence. (Id. at 2-4.) The United States did not object, and the court provided leave to amend. (Doc. 26.) Thereafter, Ms. Wood filed the current amended complaint, which relies on ordinary negligence, res ipsa loquitur, and premises liability. (Doc. 27.) Unlike the first complaint, the amended complaint does not contain a Rule 9(j) expert certification. (Id. at 7.) The United States now moves for summary judgment on the grounds set forth above.

II. ANALYSIS

Summary judgment is proper where “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56. “[I]n ruling on a motion for summary judgment, the nonmoving party’s evidence ‘is to be believed, and all justifiable inferences are to be drawn in [that party’s] favor.’ ” Hunt v. Cromartie, 526 U.S. 541, 552, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999) (alteration in original) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

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Cite This Page — Counsel Stack

Bluebook (online)
209 F. Supp. 3d 835, 2016 U.S. Dist. LEXIS 95144, 2016 WL 3962618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-united-states-ncmd-2016.