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Stallworth v. Boren8/20/2002
In this medical malpractice action, Defendants-Appellants George S. Boren, M.D. (Dr. Boren), George S. Boren, M.D., Inc. and Maui Radiology Consultants (collectively, the Boren Defendants) appeal, by leave of court to take an interlocutory appeal, the March 15, 2000 order of the circuit court of the first circuit that granted a new trial after the jury found in their favor. Because the court abused its discretion in granting the motion for new trial, we reverse the March 15, 2000 order.
I. Background.
Christian Stallworth (Christian) grew up on the island of Maui with his mother, Christine Stallworth (Christine), two older brothers, Ijon and Issac, and grandparents. He was an active child, basketball being his favorite sport.
On June 11, 1988, when he was six years old, Christian tripped and hit his head while playing at home with his brothers. When Christine returned home, Christian was "throwing up and sick," so she took him to the hospital. The hospital gave him an X-ray in the emergency room. The result was negative. Christian stayed overnight, and the hospital discharged him the following day.
On June 20, 1988, Christine took Christian to see a neurologist, Dr. Loren Direnfeld (Dr. Direnfeld), because Christian was having difficulty in school with learning and information retention. Christine was concerned that Christian's difficulties were related to oxygen deprivation at birth. The umbilical cord had been wrapped around Christian's neck twice. Dr. Direnfeld's examination of Christian did not reveal any neurological defect. There was no sign of any brain injury related to Christian's June 11 fall.
On March 23, 1989, Dr. Direnfeld re-examined Christian "because of concerns for problems with dyslexia or a reading problem or a learning problem." Dr. Direnfeld arranged for Christian to undergo both a CT (or CAT) scan of the brain and an electroencephalogram (EEG), a brain wave test. Dr. Direnfeld made the decision to order a non-contrast CT scan, as opposed to a contrast CT scan. He explained that a contrast CT scan requires sedating the patient and injecting the patient with an x-ray dye known to cause allergic reactions in some patients. Further, according to Dr. Direnfeld, Christian's elemental neurologic exam was normal, " o there wasn't a clear -- there wasn't an indication to use contrast in the CAT scan in Christian's case at that time. Like -- if I may say, like with the EEG I expected the result would be normal or negative."
On March 31, 1989, Maui Radiology Consultants administered Christian's CT scan without contrast. Dr. Boren, a general diagnostic radiologist, interpreted the CT scan and dictated a report detailing the results. The report listed Dr. Direnfeld as the referring physician, and the section calling for "pertinent clinical history" noted post traumatic headache and dyslexia. Dr. Boren reported:
CT SCAN OF THE HEAD WITHOUT CONTRAST.
Procedure: Multiple contiguous thin section CT cuts are taken through the brain without IV contrast administration. No complications were encountered.
Findings: The frontal sinuses are undeveloped. The sphenoid sinus appears normal. The mastoid air cells appear normal. The ventricular system is normal in size and shape, is symmetric bilaterally, and reveals no evidence of midline shift. I see no evidence of either high or low density lesions within the brain substance, and there is no evidence of sub or epidural fluid collections.
CONCLUSION: Normal CT scan of the brain without contrast.
Dr. Direnfeld did not see Christian again after the March 1989 visit, as both the CT scan and the EEG were normal.
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