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Devaney v. Irsik9/17/2002
(REGULAR CALENDAR)
DECISION
. Plaintiff-appellant, Marvin L. Devaney, in his own capacity and as guardian of his wife, Anna Mae Devaney, appeals from the judgment entered on December 21, 2001, in favor of defendants-appellees, Dr. Ronald D. Irsik, Dr. James G. Wright, and their practice groups, University Radiologists, Inc. and University Vascular Surgery, Inc. By its judgment, rendered upon a jury verdict, the Franklin County Court of Common Pleas dismissed all claims in this medical malpractice action.
. This appeal pertains solely to the trial court's admission into evidence of the testimony of Dr. Geoffrey Eubanks, a neurologist retained by Dr. Wright and University Vascular Surgery, Inc. Appellant asserts the following assignments of error:
. "First Assignment of Error
. "The trial court abused its discretion in permitting the testimony of Dr. Eubank in violation of its previous order.
. "Second Assignment of Error
. "The trial court erred by admitting medical opinion testimony that is not based upon scientifically valid principals as required by evidentiary rule 702(C)."
. Appellant has provided us with an extremely limited appellate record. With regard to the trial transcript, appellant filed Dr. Eubank's direct examination testimony and approximately thirteen additional pages from the examinations of other expert witnesses. We gleaned the following facts from the limited record, the complaint and the parties' briefs.
. Anna Mae Devaney was admitted to the Ohio State University Medical Center for the removal of a glomus tumor. Mrs. Devaney's physicians decided to perform an embolization procedure to control the bleeding in the area where the future surgery would occur.
. Dr. Irsik, an interventional radiologist, performed the embolization procedure on September 21, 1993. Near the conclusion of the procedure, Mrs. Devaney developed paralysis on the right side of her body. Dr. Irsik performed an angiogram, which showed that Mrs. Devaney's left internal carotid artery was occluded.
. Several additional physicians were consulted, including Dr. Wright, a vascular surgeon. They concluded that Mrs. Devaney had suffered a stroke which impacted her speech and movement. All of the physicians agreed that Dr. Wright should perform a left internal carotid thrombectomy in an effort to open the occluded artery. Mrs. Devaney was taken to surgery approximately one hour after the embolization procedure was completed.
. Dr. Wright was able to remove a small amount of thrombus and to obtain a back flow of blood. Mrs. Devaney's speech and movement deficits, however, did not improve. Appellant contends, among other things, that Mrs. Devaney's deficits are worse as a result of Dr. Wright's surgery. By this lawsuit, appellant alleges that Drs. Irsik and Wright's treatment of Mrs. Delaney fell below the standard of care and proximately caused her to suffer permanent disability.
. On February 21, 2001, the trial court issued an order and journal entry that included an amended case schedule. Among other things, the schedule established deadlines for the disclosure of expert witnesses. Appellant was to disclose his expert witnesses by March 16, 2001. Appellees were to disclose their expert witnesses by May 4, 2001.
. Appellant timely disclosed the identities of his expert witnesses, including Dr. Daniel Hanley, a neurologist. Dr. Hanley was deposed on April 7, 2001. Appellees contend that Dr. Hanley offered unexpected criticisms with regard to Dr. Wright. Appellees contend that, as a result of Dr. Hanley's unexpected testimony
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