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Piro v. Chandler2/28/2001
ve to be in excess of 200 and the diastolic in excess of 100. Dr. Thompson believed that any extension of Mr. Piro's initial stroke was part of the natural disease process and not attributable to his blood pressure.
Finally, Dr. Janet Morehouse, Mr. Piro's treating physician during his hospitalization, testified that Mr. Piro suffered a thrombotic stroke as evidenced by a CT scan taken on July 16, 1995. The scan revealed a large infarction in the pons area. Dr. Morehouse believed that the possibility of an hemmorrhagic stroke was ruled out with the first scan. Later scans revealed extension of the pontine infarct. Dr. Morehouse could not give a cause for the extension, but merely explained that no "rhyme or reason" exists as to why some strokes extend while others do not.
As to the cause of Mr. Piro's stroke, Dr. Morehouse opined that high blood pressure probably played no part at all and indicated that high blood pressure usually results in bleed or hemmorrhagic strokes. Her belief was that his stroke resulted from a clot. Dr. Morehouse also opined the Mr. Piro's hypertensive episode did not make the stroke worse. Again, this opinion was based on her belief that the type of stroke he suffered was not attributable to high blood pressure. Dr. Morehouse did agree that, over time, high blood pressure is a risk factor for stroke.
Based on the above testimony, we cannot conclude that the plaintiff met the burden of proving causation in this instance. The record does not establish that Mr. Piro was denied a chance of survival due to improper treatment. The record establishes the commonly known fact that hypertension or high blood pressure is a risk factor for stroke. The record further establishes that Procardia was to be given to Mr. Piro to decrease his blood pressure and thereby decrease the risk of stroke. However, the record does not relate the hypertensive episode experienced by Mr. Piro and the delay in medication to the stroke which he suffered. All experts agreed that Mr. Piro suffered a thrombotic stroke, rather than the hemmorrhagic stroke more commonly associated with high blood pressure. The testimony indicates that high blood pressure over the long-term acts as a risk factor for thrombotic stroke. The testimony did not indicate that an acute hypertensive episode could cause a thrombotic stroke or worsen it. Mr. Piro had a history of hypertension and had received a transfusion earlier that day. Both a history of hypertension and the receipt of blood products are risk factors for thrombotic stroke. Considering the presence of these factors, the fact that stroke is the type of injury that commonly occurs in the absence of negligence, and the lack of an actual causative link between the failure to administer the Procardia earlier and the stroke suffered by Mr. Piro, we do not find the evidence sufficient to prove by a preponderance that BMC's negligence caused Mr. Piro to lose a chance of survival.
For these reasons, we hereby affirm the judgment of the trial court in favor of BMC. The plaintiff's claims are dismissed and costs of appeal are assessed against him.
AFFIRMED.
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