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Pesek v. University Neurologists Assn.12/11/1997
JUDGMENT AFFIRMED.
Plaintiffs-appellants appeal from the verdict entered in the Cuyahoga County Court of Common Pleas in which a jury found in favor of the defendants-appellees in appellants' action for medical malpractice against them. Finding no reversible error in the proceedings below, for the reasons that follow, we affirm.
The facts giving rise to this appeal are as follows. The record reflects that Caitlin Pesek was born at Hillcrest Hospital on November 13, 1990. Within twenty-four hours of her birth, the staff at Hillcrest Hospital detected possible seizure activity. Caitlin was treated with phenobarbital and transferred to the Rainbow Babies and Childrens Hospital of the University Hospital System. She was discharged from Rainbow Babies and Childrens Hospital on November 18 without further evidence of seizure activity. On February 22, 1991, Caitlin was again admitted to Rainbow Babies and Childrens Hospital due to seizure activity. During this second admission, an MRI was performed from which it was determined by the neuroradiologist, Dr. Lanzieri, that Caitlin had an agenesis of the corpus callosum. Such an agenesis, or absence of the corpus callosum, is a cause of seizure activity. Caitlin's medical management was based upon this misdiagnosis; however, Caitlin was again successfully treated with phenobarbital and was discharged seizure-free on February 26. On March 9, Caitlin was admitted to Rainbow Babies and Childrens Hospital for the third time with seizure activity. From her admission on March 9 through March 13, Caitlin was treated with phenobarbital and a combination of other anti-convulsant drug therapies, but her seizures persisted. Then, on March 13, a Code Blue medical emergency was called and Caitlin was transferred into the pediatric intensive care unit with intractable seizures. While she was in the intensive care unit, Caitlin was determined to be status epilepticus and was placed into a phenobarbital coma to facilitate treatment with drug therapies to control her seizure activity. On March 20, at the request of her parents, a second opinion regarding Caitlin's condition was rendered by Dr. Rothner, a neurologist from the Cleveland Clinic. He examined Caitlin and reviewed the MRI films taken in February. Dr. Rothner concluded that the MRI did not show an agenesis of the corpus callosum and, consequently, he suspected an alternative cause of Caitlin's seizures to be a rare genetic vitamin B-6 deficiency, thereby rendering her Pyridoxine-dependent. Dr. Rothner ordered the administration of B-6 pyridoxine to suppress her next seizure activity. On April 6, Caitlin again experienced seizure activity; B-6 was then administered, and Caitlin's seizure activity responded to the B-6 therapy. Thus, it was determined that Caitlin suffered a genetic Pyridoxine or Vitamin B-6 dependency, a rare cause of seizure disorder in infants. During her hospitalization, Caitlin suffered irreversible brain damage.
On March 26, 1993, Caitlin's parents, James and Renee Pesek ( appellants ), instituted the present action alleging medical malpractice and asserting claims both for themselves and for Caitlin against Charles Lanzieri, M.D.; University Radiologists of Cleveland, Inc.; Samuel Horwitz, M.D.; Susan Klein, M.D.; Max Wiznitzer, M.D.; University Neurologists Association, Inc.; Benjamin Kaufman, M.D.; Richard Martin, M.D.; John Stork, M.D.; and University Hospitals of Cleveland. After initial discovery, appellants dismissed all named defendants except Dr. Charles Lanzieri, University Radiologists and University Hospitals. Appellants later reinstituted their claims against Drs. Horwitz, Klein and Wiznitzer and University Neurologists. Trial on the matter was set for October
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