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Hall v. Woyshville12/3/1998
JUDGMENT: AFFIRMED.
Plaintiffs-appellants Vanessa and Larry Hall (collectively appellants ) appeal from the trial court's order granting summary judgment in favor of defendants-appellees Mark Woyshville, M.D. and University Hospitals of Cleveland. Appellants assign the following errors for our review:
I. THE TRIAL COURT ERRED IN GRANTING THE SUMMARY JUDGMENT MOTION OF UNIVERSITY HOSPITALS IN THAT MATERIAL ISSUES OF FACT EXIST AS TO WHETHER APPELLANT HAD A REASONABLE BELIEF THAT UNIVERSITY HOSPITALS WAS PROMOTING THE TREATMENT WHICH CAUSED OR CONTRIBUTED TO APPELLANT'S INJURIES.
II. THE TRIAL COURT ERRED AS A MATTER OF LAW IN GRANTING THE SUMMARY JUDGMENT AND/OR DISMISSAL MOTIONS OF APPELLEE DR. WOYSHVILLE AND UNIVERSITY HOSPITALS IN THAT APPELLANT PROVIDED SUFFICIENT EVIDENCE THAT SHE DID NOT DISCOVER THE CONNECTION BETWEEN DEPAKOTE AND HER DETERIORATED LIVER CONDITION UNTIL HER CONSULTATION WITH DR. TAVILL IN JULY, 1995.
Finding appellants' second assignment of error to lack merit and their first assignment of error to be moot, the judgment of the trial court is affirmed.
I.
On January 20, 1994, plaintiff-appellant Vanessa Hall ( Mrs. Hall ) began her participation in a program which was studying the relevant effects of an experimental drug known as Depakote. Mrs. Hall has claimed that she believed that defendant-appellee University Hospitals of Cleveland ( University Hospitals ) was promoting the Depakote program. During her voluntary enrollment in this program, Mrs. Hall was prescribed Depakote by defendant- appellee Mark Woyshville, M.D. ( Dr. Woyshville ). On March 10, 1994, Mrs. Hall stopped participating in the program.
Mrs. Hall began to feel ill and, in November 1994, she sought the medical care of Dr. Harold Thomas. At this time, Dr. Thomas informed Mrs. Hall of the effects Depakote could have on a patient's liver. Specifically, Mrs. Hall offered the following testimony at her deposition:
Q: Was it around that same time in November of 1994 that Dr. Thomas told you that the Depakote can do funny things to your liver?
A: Yes, ma'am.
Q: And when he said that to you, did that sort of stick in your head that Depakote might have something to do with these problems or symptoms you were feeling?
A: Of course.
In January 1995, Dr. Thomas ordered blood work to be performed. Mrs. Hall's blood test showed that she had elevated liver enzymes. Dr. Thomas then ordered a hepatitis panel, which was performed on January 27, 1995. The hepatitis panel showed that Mrs. Hall had Hepatitis.
In February 1995, Dr. Thomas discussed the test results with Mrs. Hall and recommended that she undergo a liver biopsy. Dr. Karl DeHaan performed the biopsy on February 10, 1995, and discussed the results with Mrs. Hall a few days later. The biopsy confirmed the diagnosis of Hepatitis. When Mrs. Hall met with Dr. DeHaan to discuss the test results, she specifically questioned him about the possible link between her use of Depakote and her liver disease:
Q: His notes indicate that you wondered whether the medications Depakote and Prozac could have caused the inflammation in your liver.
A: Yes, ma'am.
Q: In February of 1995. * * *
Q: So in your mind, the question of could the Depakote be the cause of my problems was clearly on your mind in February of 1995?
A: Yes, ma'am.
Dr. DeHaan referred Mrs. Hall to Anthony Tavill, M.D. Dr. Tavill examined Mrs. Hall for the first time on July 3, 1995. Subsequently, Dr. Tavill advised Mrs. Hall that test results revealed that her
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