Hawkins v. Barakat
| Docket Number | CIVIL ELH-20-1386 |
| Decision Date | 10 January 2022 |
| Parties | KELSI HAWKINS, et al., Individually and as Representatives of the Estate of Julius Francis, Jr. Plaintiffs, v. LINDA D. BARAKAT, M.D. Defendant. |
| Court | U.S. District Court — District of Maryland |
In this medical malpractice action, plaintiffs Kelsi Hawkins and Julius Francis, Sr. (“Mr. Francis”), in their individual capacities and as representatives of the Estate of their deceased infant son, Julius Francis, Jr. (“Francis, Jr.” or the “Decedent”) brought suit against defendant Linda Barakat, M.D. They allege that Dr. Barakat was negligent in performing a cesarean section, which purportedly caused severe injuries to Francis, Jr. and resulted in his tragic death, only a few weeks after he was born.
Plaintiffs' Complaint contains two counts, both of which are predicated on defendant's alleged negligence. ECF 1 (the “Complaint”). In Count I, plaintiffs bring a claim in their individual capacities for wrongful death. Id. ⁋⁋ 54-63. And, Count II presents a survival claim on behalf of plaintiffs in their capacities as the personal representatives of the Estate of Francis, Jr Id. ⁋⁋ 64-73.
Of import here, Dr. Barakat answered the Complaint and asserted various defenses. ECF 8. These included claims of contributory negligence and assumption of the risk. Id.
Following a lengthy and hotly disputed period of discovery, plaintiffs filed a motion for summary judgment as to Dr. Barakat's defenses of assumption of the risk and contributory negligence (ECF 57), which is supported by a memorandum of law. ECF 57-1 (collectively, the “Motion”). Plaintiffs also appended six exhibits to the Motion. See ECF 57-3 through ECF 57-8
Defendant filed a response to the Motion, in which she “concede[d] for the purposes of this case that the evidence revealed in discovery may not be enough under Maryland law to generate jury issues on the affirmative defenses of assumption of the risk and contributory negligence.” ECF 58 at 1. For that reason, Dr. Barakat advised the Court that she “does not intend to ask for jury instructions” on these defenses, and that she “does not oppose Plaintiffs' Motion.” Id.[1]
Thereafter plaintiffs submitted a filing with the Court, contending that because “there is no opposition by the Defendant, summary judgment should be granted and the case should proceed to trial.” ECF 59.
No hearing is necessary to resolve the Motion. See Local Rule 105.6. For the reasons that follow, I shall grant the Motion.
On the evening of August 30, 2017, at approximately 6:15 p.m., Hawkins arrived at the labor and delivery unit of the Upper Chesapeake Medical Center, “complaining of vaginal bleeding and slightly elevated blood pressure.” ECF 57-1 at 1. At that time, she was roughly 33 weeks pregnant. Id. Further, Hawkins had a “prior medical history of diabetes . . . .” Id. Accordingly, “the plan was to have [Hawkins] admitted to the hospital and consider inducing labor.” Id. at 1-2. Approximately 24 hours later, at 7:00 p.m. on September 1, 2017, “Ms. Hawkins experienced a headache along with slightly elevated blood pressure.” Id. at 2. Accordingly, “the physicians, including the Defendant, Dr. Barakat, made the decision to induce labor with the administration of Pitocin.” ECF 57-1 at 2.
About four hours later, Dr. Barakat noted that “Ms. Hawkins' baby's fetal heart rate tracings were showing features of a category II strip.” Id. For this reason, and because “Ms. Hawkins was remote from delivery, Dr. Barakat made the decision to perform a non-emergent cesarean section.” Id.
Plaintiffs assert: “Once a physician makes a uterine incision for a cesarean section, uterine tone increases causing a disruption in the utero-placental blood flow and oxygenation to the baby.” Id. Thus, “the period of interruption of utero-placental blood flow is extended as the time interval from uterine incision to delivery increases.” Id. Consequently, once “the uterus is incised, the standard of care is to extract the baby from the uterus within the first couple of minutes” of the procedure. Id.
In this case, seven minutes elapsed between incision and delivery. Id. Plaintiffs aver that the resulting “disruption in the lack of blood flow to Julius Francis, Jr. caused him to suffer hypoxic ischemic encephalopathy (‘HIE').” Id. As a result, Francis, Jr. was born “with no heart rate and required 22 minutes of resuscitation, including chest compressions and intubation.” Id. “During this period of time, Julius Francis, Jr. suffered hypoxic injury and blood clots . . . .” Id. Thereafter, Francis, Jr. “was transferred to the University of Maryland Medical Center; however, he passed away on September 29, 2017 due to severe hypoxic injury.” Id.
Plaintiffs allege that the Decedent's death was the “direct and proximate result” of Dr. Barakat's negligent delay in delivering Francis, Jr., which caused him to suffer “severe and permanent physical injury.” Id. Of import here, plaintiffs aver: “Defendant has not disclosed any facts in support of the defenses of assumption of the risk or contributory negligence and as such there is no genuine dispute as to any material fact that bears on” these affirmative defenses. ECF 57-1 at 3.
Under Rule 56(a) of the Federal Rules of Civil Procedure, summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” See Fed. R. Civ. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 (1986); see also Iraq Middle Market Development Found. v. Harmoosh, 848 F.3d 235, 238 (4th Cir. 2017) (). The nonmoving party must demonstrate that there are disputes of material fact so as to preclude the award of summary judgment as a matter of law. Matsushita Elec. Indus. Co., Ltd., 475 U.S. at 585-86.
The Supreme Court has clarified that not every factual dispute will defeat a summary judgment motion. “By its very terms, this standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986) (emphasis in original). A fact is “material” if it “might affect the outcome of the suit under the governing law.” Id. at 248. There is a genuine issue as to material fact “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.; see Sharif v. United Airlines, Inc., 841 F.3d 199, 2014 (4th Cir. 2016); Raynor v. Pugh, 817 F.3d 123, 130 (4th Cir. 2016); Libertarian Party of Va. v. Judd, 718 F.3d 308, 313 (4th Cir. 2013). On the other hand, summary judgment is appropriate if the evidence “is so one-sided that one party must prevail as a matter of law.” Anderson, 477 U.S. at 252. And, “the mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Id.
Notably, “[a] party opposing a properly supported motion for summary judgment ‘may not rest upon the mere allegations or denials of [her] pleadings,' but rather must ‘set forth specific facts showing that there is a genuine issue for trial.'” Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir. 2003) (quoting former Fed.R.Civ.P. 56(e)), cert. denied, 541 U.S. 1042 (May 17, 2004); see also Celotex, 477 U.S. at 322-24. As indicated, the court must view all of the facts, including any reasonable inferences to be drawn, in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co., Ltd., 475 U.S. at 587; accord Roland v. United States Citizenship & Immigration Servs., 850 F.3d 625, 628 (4th Cir. 2017); FDIC v. Cashion, 720 F.3d 169, 173 (4th Cir. 2013).
The district court's “function” is not “to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Anderson, 477 U.S. at 249; accord Guessous v. Fairview Prop. Invs., LLC, 828 F.3d 208, 216 (4th Cir. 2016). Thus, in considering a summary judgment motion, the court may not make credibility determinations. Jacobs v. N.C. Administrative Office of the Courts, 780 F.3d 562, 569 (4th Cir. 2015); Mercantile Peninsula Bank v. French, 499 F.3d 345, 352 (4th Cir. 2007).
Where there is conflicting evidence, such as competing affidavits, summary judgment ordinarily is not appropriate, because it is the function of the fact-finder to resolve factual disputes, including matters of witness credibility. See Black & Decker Corp. v. United States, 436 F.3d 431, 442 (4th Cir. 2006); Dennis v. Columbia Colleton Med. Ctr., Inc., 290 F.3d 639, 644-45 (4th Cir. 2002).
However to defeat summary judgment, conflicting evidence must give rise to a genuine dispute of material fact. Anderson, 477 U.S. at 247-48. If “the evidence is such that a reasonable jury could return a verdict for the nonmoving party, ” then a dispute of material fact precludes summary judgment. Id. at 248; see Sharif v. United Airlines, Inc., 841 F.3d 199, 204 (4th Cir. 2016). Conversely, summary judgment is appropriate if the evidence “is so one-sided that one party must prevail as a matter of law.” Anderson, 477 U.S. at 252. And, “[t]he mere existence of a scintilla of evidence in support of the [movant's]...
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