 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bryant v. Lagrange Memorial Hospital12/17/2003
UNPUBLISHED
This case concerns an action for medical malpractice brought by plaintiffs Yvette Bryant and Amos Bryant, individually and as parents and next friends of the minor plaintiff, Kylie Bryant, against defendants Dr. Yong Kim, Dr. Shanta Nath, and the LaGrange Memorial Hospital (Hospital) for injuries Kylie Bryant suffered just prior to her delivery. The jury returned a verdict in plaintiffs' favor and against Dr. Kim, awarding damages in the amount of $30 million. However, the jury found in favor of the Hospital and Dr. Nath.
Plaintiffs accepted the $1 million insurance policy limit of Dr. Kim and settled the matter with Dr. Nath's employer for $100,000. Thereafter, plaintiffs filed a posttrial motion, which the trial court subsequently denied. Plaintiffs now appeal from the verdict and judgment in favor of the Hospital.
On appeal, plaintiffs contend that: (1) the trial court erred by refusing to give subparagraph D of plaintiffs' proposed issue instruction No. 13; (2) the trial court erred by refusing to give three modified versions of the pattern duty instruction; and (3) the trial court erred by allowing the Hospital's expert, Dr. MacGregor, to testify with opinions not previously disclosed pursuant to Supreme Court Rule 213(g) (177 Ill. 2d R. 213(g)). For the reasons that follow, we affirm.
FACTUAL BACKGROUND
Yvette Bryant was admitted to the labor and delivery unit of the Hospital at approximately 2:30 a.m. on August 9, 1995. She was at full term and was two days past her estimated due date. Her vital signs were normal. Yvette Bryant planned a VBAC delivery, meaning she planned to attempt to deliver vaginally after having previously delivered by cesarean section (C-section). Complications arose however and Kylie Bryant was delivered by emergency C-section. Upon delivery, Kylie Bryant was limp and not breathing. She was immediately resuscitated but was later diagnosed as suffering from cerebral palsy.
Thereafter, plaintiffs Yvette Bryant and Amos Bryant, individually and as parents and next friends of the minor plaintiff, Kylie Bryant, filed a medical malpractice action against defendants Dr. Kim, Dr. Nath, and the Hospital, seeking to recover damages on the theory that Kylie Bryant suffered permanent brain damage due to a deprivation of oxygen just prior to her delivery. A jury trial commenced on July 26, 2001, where the following facts were established.
In late evening, on August 8, 1995, Yvette Bryant began to experience the early stages of labor. On August 9, 1995, at approximately 2:30 a.m., Yvette Bryant was admitted to the Hospital, where she was attended to by labor and delivery nurses Susan Tully, R.N., and Susan Horner, R.N. Yvette Bryant was at full term and was two days past her estimated due date. The nurses took Yvette Bryant's vital signs, which were normal, drew blood, attached an IV to keep Yvette Bryant hydrated and the baby active, attached an external electronic fetal monitor to Yvette Bryant's abdomen, and then called her obstetrician, Dr. Kim. At 3 a.m., the fetal monitor indicated a heart rate of 140 beats per minute. A vaginal examination indicated that Yvette Bryant's cervix was dilated 3 centimeters (10 centimeters dilation is required for vaginal delivery). Nurse Tully testified that at this time, Yvette Bryant's condition was normal and that she was having regular contractions.
Dr. Kim arrived at the Hospital at approximately 3:15 a.m. Dr. Kim artificially ruptured Yvette Bryant's bag of waters, or amniotic sac, and attached an internal scalp lead on the baby's head in order to more accurately monitor the baby's heart rate. Nurse Tully testified that when the bag of wat
Page 1 2 3 4 5 6 7 8 9 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|