S. Cent. Reg'l Med. Ctr. v. Regan

303 So.3d 432

SOUTH CENTRAL REGIONAL MEDICAL CENTER, Appellant/Cross-Appellee

v.Joyce B. REGAN, Appellee/Cross-Appellant

NO. 2018-CA-01036-COA

Court of Appeals of Mississippi.

September 8, 2020

ATTORNEYS FOR APPELLANT: RICHARD O. BURSON, PEELER GRAYSON LACEY JR., Laurel, BENJAMIN BLUE MORGAN

ATTORNEYS FOR APPELLEE: WILLIAM T. MAY, Meridian, CARROLL H. INGRAM, JENNIFER INGRAM JOHNSON, Hattiesburg

BEFORE CARLTON, P.J., WESTBROOKS AND LAWRENCE, JJ.

LAWRENCE, J., FOR THE COURT:

¶1. On December 23, 2013, Joyce Regan filed a complaint against South Central Regional Medical Center (South Central), David Sullivan, M.D., Ronald Gatewood, M.D., Michael LaRochelle, D.O., Danielle Blakeney, M.D., and John and Jane Does 1-10. Joyce's complaint alleged medical negligence and punitive damages based on alleged gross negligence and reckless conduct arising out of the care and treatment she received after an allergic reaction to iodinated radiocontrast dye (contrast dye) during a CT angiogram (CTA) procedure. That allergic reaction ultimately led to a right-side craniotomy and many weeks in the ICU. All of the doctors listed in the complaint were dismissed prior to trial, leaving South Central as the only remaining defendant. After a four-day bench trial that began on May 22, 2017, the trial court entered its findings of fact and judgment on May 4, 2018. The trial court rendered a verdict for Joyce, which included a monetary judgment in the amount of $133,839.42. Aggrieved by the trial court's decision, South Central appealed. Aggrieved only by the amount of the trial court's monetary judgment and a denial of her motion for additur, Joyce filed a cross-appeal.

Finding no error, we affirm the trial court's judgment.

FACTS AND PROCEDURAL HISTORY

¶2. On August 14, 2012, Joyce was admitted to South Central's Radiology Department for an outpatient CTA scan of her neck with contrast dye. Joyce's cardiologist, Dr. David Sullivan, ordered the CTA scan as a result of recent cardiac symptoms Joyce had experienced. Knowing that Joyce had an allergy to contrast dye, Dr. Sullivan ordered that she pre-medicate the night before and on the morning of the scan with Pepcid, Prednisone, and Benadryl. On the morning of the exam, the CT technician, Sara Plunk, confirmed that Joyce had complied with Dr. Sullivan's pre-medication orders before the scan began. At the time of the scan, Joyce was 78 years old, weighed one hundred pounds, and was taking blood thinners. The scan began at 9:45 a.m. and ended at 10:08 a.m. Immediately following the completion of the scan, Joyce began experiencing an allergic reaction to the contrast dye, which presented itself in the form of involuntary movements of her body. Her allergic reaction was described as rigors, shivering, shaking, jerking, and uncontrolled movements of the head, arms, and body. In response to Joyce's allergic reaction in the radiology department, she was moved onto a gurney to prevent her from falling. She was subsequently given a pillow and covered with a blanket, and the bed-rails of the gurney were secured in their upright position to prevent her from falling off. Dr. Steven Quin, the radiologist who performed the scan, was called at the onset of Joyce's allergic reaction, and he ordered at least two doses of Demerol to be administered to Joyce.¹ Dr. Quin's radiology nurse, Jennifer Norman, administered both doses of Demerol pursuant to Dr. Quin's orders. Dr. Quin testified that he personally saw and evaluated Joyce on at least two occasions while she was in the radiology department. Plunk made a notation in Joyce's chart that said, "NEVER GIVE CONTRAST AGAIN." According to Joyce's medical chart, the last dosage of Demerol was administered at 10:40 a.m. Throughout the time Joyce remained in the radiology department, hospital staff made three phone calls to her son, Ken Regan, to update him on Joyce's condition. The Demerol did not help alleviate Joyce's symptoms, and she continued to shake uncontrollably. Dr. Sullivan was contacted, and the decision was made to transfer Joyce to the emergency department for further treatment. With the decision being made to transfer Joyce to the emergency department, Ken came to the hospital to stay with her. Joyce testified that she remembered striking her head directly on the gurney multiple times; as a result, she had a terrible headache, and her ear hurt on the side of impact. Joyce also testified that she did not remember certain things immediately following the onset of an allergic reaction and that her "vision was not good." However, she testified that she did notice "people kindly moving around like they were watching [her]." Joyce was transferred out of the radiology department at 11:20 a.m. but was not triaged or accepted into the emergency department until 11:55 a.m. Joyce's whereabouts or medical treatment is undocumented from 11:20 a.m. until 11:55 a.m. After entering the emergency department, a registered nurse named Markus Craig and the emergency-department physician, Dr. Danielle Blakeney, evaluated Joyce. Ken testified that when he arrived at the emergency department, his mother was lying unattended on a gurney. He testified that her head was "flopping on a pillow back and forth with arms flailing." He described her as a "fish out of water." Ken did not see any restraint mechanisms or any pillows or padding between Joyce and the bed-rail of the gurney. While in the emergency department, Joyce was given a small dose of Ativan, which finally resolved her symptoms, and she fell asleep shortly thereafter. Joyce shook continuously for a total of two hours and twelve minutes before the Ativan relieved her symptoms. Joyce was discharged from the emergency department at 4:47 p.m. It is disputed as to whether Joyce was given the option to remain in the hospital for further observation.

¶3. On the following morning, August 15, 2012, Joyce's family took her to Forrest General Hospital (Forrest General) in Hattiesburg due to continued headaches, slurred speech, and resumed shaking. A CT scan on that day revealed a subacute right-side subdural hematoma. Dr. David Yeh, the on-call neurosurgeon, recommended that Joyce be admitted into the intensive care unit for monitoring. Because all the beds at Forrest General were full, Joyce was transferred by ambulance to the University of Mississippi Medical Center (UMMC). While at UMMC, doctors monitored Joyce for the next five days, and additional tests were performed. It was ultimately determined that the subdural hematoma was stable, and she was released on August 20, 2012. Joyce testified that upon discharge, she was advised that if she had any other symptoms or if her head began to hurt again, she needed to return to the emergency room.

¶4. After being at home for ten days, Joyce returned to the Forrest General emergency room on September 1, 2012. She complained of headaches, head pressure, and slurred speech. Dr. Yeh was on call when she arrived at the hospital, and after he reviewed a new CT scan, he found that the hematoma had grown and that Joyce needed immediate surgery. Joyce underwent a right-side craniotomy that same day. Joyce required close monitoring in the ICU and remained hospitalized until September 14, 2012. She was discharged to a rehabilitation floor at Forrest General. She remained on the rehabilitation floor until she returned home on October 1, 2012. Joyce incurred medical bills in the amount of $103,839.42 related to the care and treatment of her subdural hematoma at Forrest General and UMMC.

¶5. Dr. Yeh testified that after Joyce returned home, it took her a full year to recover from her brain surgery. Joyce's family testified that she is no longer able to engage in some of the activities that she previously enjoyed before her surgery, such as yard work and pool maintenance. Further, they testified that the frequency of her activities with her grandchildren and church have diminished greatly. Finally, Joyce alleges that as a result of the surgery, she has scar tissue in her head, which she describes as "knots." She alleges that the "knots" cause discomfort when she sleeps and that they prevent her from sleeping on her right side due to sharp pains.

¶6. On December 23, 2013, Joyce filed her complaint against South Central, David Sullivan, M.D., Ronald Gatewood, M.D., Michael LaRochelle, D.O., Danielle Blakeney, M.D., and John and Jane Does 1-10. She alleged medical negligence and sought punitive damages arising out of the alleged gross negligence and reckless conduct of the defendants. More specifically, Joyce alleged that all the defendants failed to protect her in both the radiology and emergency departments while she was on the gurney and experiencing an allergic reaction. Dr. Gatewood was dismissed as a party on March 18, 2016. Dr. LaRochelle and Dr. Blakeney were dismissed as a party on April 20, 2016. Finally, Dr. Sullivan was dismissed as a party on May 17, 2017, leaving South Central as the only remaining defendant. After discovery was concluded, South Central filed a motion to exclude expert opinion testimony from plaintiff's causation expert, David J. Yeh, M.D., and a motion to exclude expert opinion testimony from Joyce's liability expert, Ka Russum, RN, on April 24, 2017. South Central also filed a motion for summary judgment on April 25, 2017. The trial court denied all pre-trial motions by separate orders dated May 22, 2017. A four-day bench trial began on May 22, 2017. On May 4, 2018, the trial court issued its findings of facts and judgment with a verdict in favor of Joyce in the amount of $133,839.42. Both parties subsequently filed post-trial motions. On May 14, 2018, Joyce filed a motion for additur or, in the alternative, amendment of the court's findings and judgment or, in the alternative, a new trial on damages only. Also on May 14, 2018, South Central filed a motion for reconsideration and amendment of the court's findings of fact and conclusions of law. The trial court...