Hall v. United States

• Decision Date: 25 November 1955
• Docket Number: Civ. A. No. 3282.
• Citation: 136 F. Supp. 187
• Parties: Mrs. Clara H. HALL v. UNITED STATES of America.
• Court: U.S. District Court — Western District of Louisiana

136 F. Supp. 187

Mrs. Clara H. HALL v. UNITED STATES of America.

Civ. A. No. 3282.

United States District Court W. D. Louisiana, Shreveport Division.

November 25, 1955.

COPYRIGHT MATERIAL OMITTED

John T. Campbell, Campbell & Campbell, Minden, La., Thomas W. Leigh, Theus, Grisham, Davis & Leigh, Monroe, La., for plaintiff.

T. Fitzhugh Wilson, U. S. Atty., Meredith T. Holt, Asst. U. S. Atty., Shreveport, La., for defendant.

DAWKINS, District Judge.

This is a suit against the United States under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2401, 2671 et seq. When the suit was filed, complainant was a resident of Jonesboro, Louisiana, within the Shreveport division of this court, and the proper venue. 28 U.S.C.A. § 1402 (b).

Complainant alleged she was the wife of a sergeant in the United States Army, whom she married in 1948, and in September, 1949, while they were stationed at Fort McPherson, Georgia, she became pregnant; that shortly thereafter her husband was hospitalized at Denver and with his parents she moved to East Chicago, Indiana, from which, in March, 1950, she was accepted at the United States Naval Hospital, Great Lakes Naval Training Center (operated by the Department of the Navy) as a military dependent for prenatal care; that on May 25, 1950, she was admitted to the hospital for delivery and her child was born the following morning at 3:14 o'clock; that she was given a spinal anesthetic, and when the needle was inserted, she felt a shock and sharp pains down both legs to her toes; that about noon of May 26 she felt a "heavy sensation" in both legs and was unable to use them; that the following day she had no control over her legs, lower back, bladder and bowels.

Further, complainant alleged she remained in the hospital continuously from May 25, 1950, through January 24, 1951, and that when this suit was filed on April 27, 1951, she was unable to walk without crutches and had not regained control of her bladder and bowels, all of which was caused by the spinal anesthetic. She further alleged that had the anesthetic been properly administered no injury would have resulted, and invoked the doctrine of "res ipsa loquitur." In the alternative, she alleged negligence in the following particulars: (a) that the needle was inserted so carelessly it came into contact with her spinal cord, or in such close proximity thereto as to produce paralysis; (b) that the person who administered the anesthetic either lacked the necessary skill, training or experience or failed to use it in the procedure; (c) that the defendant's agents failed in their duty to administer the anesthetic in such a manner as to avoid injury to complainant; (d) that defendant's agents failed to inform and warn complainant in advance of the possibility of disastrous results, if such be the case; and (e) that defendant's agents failed in their duty to use the safest methods known to medical science in anesthetizing complainant. She prayed for $100,000 in damages.

Respondent denied most of the allegations of complainant's personal history, for lack of information, but admitted her residence, prenatal care, admission to Great Lakes Naval Hospital, the administration of a spinal anesthetic, some difficulty with her legs and lower back and elimination system, and subsequent hospitalization. It further admitted operating the hospital in the treatment of complainant and other patients, and that the administration of drugs, medicines and anesthetics were at all times vested exclusively in the defendant, but specifically denied the applicability of "res ipsa loquitur." All allegations of negligence were categorically denied.

After preliminary motions and continuances, the case was finally tried partially on June 29 and 30, 1953, but was held open for the taking of depositions of unavailable witnesses and the filing of briefs. At the instance of complainant, the court brought the matter again to the attention of counsel, respondent's brief was filed October 4, 1955, and argument was heard on the 11th of that month.

At the trial, complainant introduced the testimony of herself and her mother-in-law with whom she was then residing, together with that of Dr. Boyce, a surgeon of Shreveport, and Dr. Walsworth, a surgeon of Monroe, as medical experts. Defendant produced as witnesses before the court Dr. Gomsi, the obstetrician, as to how he administered the anesthetic to Mrs. Hall and delivered her child; Dr. Eddy, a surgeon practicing in Shreveport; and Dr. Jane Hickman, a Shreveport anesthesiologist who had formerly practiced in the Chicago area. It also introduced depositions by Dr. Harris, chief of the obstetrics and gynecology department at Great Lakes Hospital during the period involved here; Dr. Ocko, a neuro-psychiatrist who was called into consultation at Great Lakes on Mrs. Hall's case; Dr. Meyer Brown, another neuro-psychiatrist who examined complainant at Great Lakes and was a consultant on her case; Lieutenant Strohl, a nurse in the O. B. department at the hospital; and Seaman Elsner, a corpsman who was assisting in the delivery room at the time. The parties stipulated that Dr. Arnold, urologist consultant at the hospital who saw and treated Mrs. Hall, would testify in accordance with his written statement filed in the record by defendant. Also in the record are three articles from professional journals, as well as photostatic copies of all hospital records during the period of Mrs. Hall's confinement, and two other professional articles are attached to defendant's brief.

There is no dispute about the fact of the injury, nor is it necessary to determine whether defendant's agents and employees are responsible for all acts of a medical nature performed for Mrs. Hall during her hospitalization. Neither is there any question of contributory negligence on the part of Mrs. Hall, for no such claim was raised or even suggested in the pleadings or the evidence. We may further narrow the scope of our inquiry by observing that all medical experts who testified on the subject are unanimous in the opinion that Mrs. Hall's condition was caused by the spinal anesthetic, and the Court so finds.

The events charged in the complaint and discussed in the testimony relate to the period from Mrs. Hall's admission to the hospital on May 25, 1950, through the delivery and into what might be termed the diagnostic period of post-operative treatment after her paralysis had been discovered. Issues are raised with respect to three general factual situations, and for convenience of statement they will be discussed separately. They are: (1) was there negligence in deciding to use a spinal anesthetic and in failing to inform Mrs. Hall of any danger inherent in its use? (2) was there negligence in the administration of the anesthetic? and (3) was there negligence in failing to take prompt and proper steps in diagnosing her ailment when the paralysis was discovered and in prescribing treatment therefor?

I.

As will be discussed in detail later, it is the position of the defendant that for reasons unknown and unforeseeable, a small percentage of persons have a sensitivity to the drugs used in spinal anesthesia and occasionally serious after effects follow; and on relatively rare occasions, death results. Complainant contends that if this be true, there was a duty upon defendant's agents to use a safer method, or at least to warn her of the possibility of injury and obtain her consent.

In that connection complainant testified that she placed herself completely in the hands of the personnel at the hospital and relied upon their best judgment; that at no time did anyone discuss with her the type of treatment or anesthetic which might be given her.¹ Dr. Gomsi stated that it was his usual practice to discuss with his patients the general physical condition, the adequacy of the pelvis, the general technique in preparing for delivery, the decision as to anesthetic and the type of delivery anticipated. He did not specifically remember discussing the anesthetic with Mrs. Hall, but he had discussed his choice of a spinal with Dr. Harris, chief of the department, who had approved the decision.

According to Dr. Gomsi, and his testimony is corroborated by all the experts who discussed these points, there is an unpredictable degree of danger in the administration of any anesthetic,² and unless there are contra-indications, spinal anesthesia is preferable for childbirth because it allows the patient to remain conscious and assist in the delivery.³ He further testified that he found no contra-indications in Mrs. Hall to any anesthetic and his understanding of what conditions or facts constitute contra-indications is in substantial accord with the other expert testimony on the subject.

Upon this evidence, I find that in so far as this record is concerned, the spinal anesthetic was preferable in Mrs. Hall's case and that there was nothing to indicate that it was unsafe or less safe than some other type. However, the Court is convinced, and so finds, that the problem of anesthesia was not discussed with Mrs. Hall, nor was she warned of any possible after effects, nor was there any specific consent by her to the use of a spinal.⁴ We now turn to the question of whether or not this was negligence.

The case is controlled by the law of Illinois, where the alleged negligence occurred. 28 U.S.C.A. § 1346(b). The Court has found no Illinois cases dealing with the administration of anesthetics, nor does plaintiff cite any Illinois authorities for her contention on this point. In 41 Am.Jur. 212, it is said that the rules relating to the duty and liability of a physician in administering anesthetics are substantially the same as those which govern him in treating a patient generally and that with respect to that procedure he is bound to possess and use the same degree of knowledge and skill to which he is ordinarily held. 70 C.J.S., Physicians and Surgeons, ...