Lewis v. Sanford Med. Ctr.

• Decision Date: 20 November 2013
• Docket Number: No. 26441.,26441.
• Citation: 840 N.W.2d 662,2013 S.D. 80
• Parties: Lisa LEWIS, Plaintiff and Appellee, v. SANFORD MEDICAL CENTER, Defendant and Appellant.
• Court: South Dakota Supreme Court

840 N.W.2d 662

2013 S.D. 80

Lisa LEWIS, Plaintiff and Appellee,

v.SANFORD MEDICAL CENTER, Defendant and Appellant.

No. 26441.

Supreme Court of South Dakota.

Argued Sept. 30, 2013.

Decided Nov. 20, 2013.

Ronald A. Parsons, Jr., Steven M. Johnson, Shannon R. Falon of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Melissa C. Hinton, Vince M. Roche of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Lisa Lewis sued Sanford Medical Center for medical malpractice arising out of an attempted surgery that was aborted. Sanford admitted negligence but denied that its negligence proximately caused any of the damages Lisa sought to recover. Sanford also moved for summary judgment on a statute of limitations defense. The circuit court denied summary judgment. After a five-day trial, the jury returned a verdict in favor of Sanford, finding that Lisa did not suffer any damages legally caused by Sanford's negligence. Lisa moved for a new trial, arguing that the jury could not award “zero damages.” The circuit court granted Lisa's motion. Sanford appeals arguing that the circuit court abused its discretion in granting a new trial. Alternatively, Sanford argues that the circuit court erred in denying summary judgment on its statute of limitations defense. We conclude that the circuit court erred in granting a new trial on Lisa's principal claim for damages associated with her cardiac problems. We further conclude that Lisa's remaining claim for damages for incisional pain was barred by the statute of limitations. We therefore reverse.

Facts and Procedural History

[¶ 2.] On September 24, 2007, Lisa Lewis was admitted to Sanford for laparoscopic gastric band surgery. Before the surgery, Lisa underwent a number of pre-operative tests. The tests were designed to determine whether she was suffering from cardiac or other medical issues that could cause problems in surgery. The tests did not reveal indications of cardiac problems or of neck, back, or abdominal pain. Similarly, on the day of the surgery, she was not experiencing any such pain or cardiac issues.

[¶ 3.] Lisa was sedated by an anesthesiologist before the surgery. Connie Bowar, a certified registered nurse anesthetist and an employee of Sanford, was assigned to assist the anesthesiologist. As part of the pre-surgery procedure, Bowar inserted an orogastric (i.e., mouth to stomach) tube into Lisa's stomach. The tube was intended to remove air and other contents from her stomach. However, Bowar mistakenly attached the tube to an oxygen supply rather than a suction device. The mistake caused Lisa's stomach to fill with pressurized oxygen. Sanford admitted that Bowar's mistake constituted negligence.

[¶ 4.] The mistake was not discovered until after the surgeon made his first laparoscopic incision into Lisa's abdomen. Because he immediately observed that something was wrong, the surgeon made four additional laparoscopic incisions to investigate whether the stomach had been perforated and whether there was any contamination in the abdominal cavity. Although he did not find a major perforation or contamination, he aborted the surgery because even a small stomach perforation could lead to an infection.

[¶ 5.] After the aborted surgery, Lisa was taken to a recovery room. While there, her heart rate dropped to thirty beats per minute, and she was given medication to increase the rate. Lisa's heart rate remained normal for the remainder of her stay in the recovery room. She was then moved to a regular hospital room. While in that room, her heart rate varied, dipping down into the thirties at times. Lisa was kept in the hospital overnight.

[¶ 6.] On September 25, 2007, the day after the aborted surgery, Lisa's heart rate dipped as low as twenty-six beats per minute. She was seen by a Sanford cardiologist. He diagnosed sick sinus syndrome and symptomatic bradycardia. The cardiologist indicated that these cardiac issues required the immediate implantation of a pacemaker, which was implanted the following day, September 26, 2007.

[¶ 7.] Before the pacemaker was implanted, Lisa began to complain of neck, back, shoulder, leg, and abdominal pain. She was given medication to relieve the pain. After the pacemaker was implanted, Lisa continued to have neck, back, and abdominal pain, and she was given medication to relieve that pain. Lisa was discharged from Sanford on September 27, 2007.

[¶ 8.] After her discharge, Lisa experienced problems with the pacemaker and continuing medical issues. She obtained further treatment at Sanford for those issues. The cause of her post-surgery problems was the issue at trial. Lisa claimed that the flow of oxygen into her stomach during the aborted surgery caused cardiac problems, which then caused the need for the pacemaker and additional medical problems. Sanford, however, contended that none of her claimed problems were caused by the aborted surgery.

[¶ 9.] Both parties called medical experts supporting their conflicting claims. Lisa's expert testified that the need for the pacemaker and Lisa's subsequent problems were caused by the aborted surgery. He also testified that Lisa's treatment at Sanford for the pacemaker and subsequent problems continued until September 2011. However, neither he nor Lisa testified that there was any continuing treatment associated with the laparoscopic abdominal incisions after Lisa's discharge on September 27, 2007.

[¶ 10.] Sanford's expert testified that Lisa's sick sinus syndrome, symptomatic bradycardia, need for a pacemaker and related complications, pain, and other problems were not caused by Sanford's negligence. He testified that any cardiac problem caused by the surgery was only temporary. He further testified that, even though Lisa's sick sinus syndrome was discovered and first diagnosed immediately after the surgery, it was a preexisting condition.

[¶ 11.] Lisa commenced this suit on October 7, 2010, more than three years after her September 27, 2007 discharge from the hospital. Sanford moved for summary judgment. It argued that Lisa's claim was barred by the two-year medical malpractice statute of limitations. Sanford also argued that the limitations period was not tolled under the continuing treatment doctrine. The circuit court denied the motion, concluding that genuine issues of material fact existed as to when continuing treatment associated with the negligence ended.

[¶ 12.] After a five-day trial, the jury returned a verdict in favor of Sanford. The jury found that Lisa did not suffer any damages legally caused by Sanford's negligence. Because the jury's finding on causation and damages disposed of the case in favor of Sanford, the jury did not consider any statute of limitations questions.

[¶ 13.] Lisa moved for a new trial. She admitted that there was conflicting evidence regarding the cause of her need for the pacemaker and her subsequent medical problems. Therefore, she conceded that it “was within the jury's prerogative” to find against her on that claim, and she brought her motion for a new trial on another claim. She argued that there was no dispute that the laparoscopic abdominal incisions made in the course of the aborted surgery caused discomfort and pain, and the jury erred in not awarding some damages for that incisional pain. The circuit court granted a new trial, but not on Lisa's claim that she was entitled to a new trial to determine damages for incisional pain. The court's written decision reflects that it granted a new trial on the claim for damages for the cardiac problems—the claim that Lisa had conceded was within the jury's prerogative to find against her.

[¶ 14.] Sanford appeals. It argues that the circuit court abused its discretion in granting a new trial. Alternatively, Sanford argues that the circuit court erred in denying its motion for summary judgment on its statute of limitations defense. Because the court ultimately allowed a reconsideration of all issues, we review the court's decision granting a new trial on both the claim for cardiac problems and the claim for damages for incisional pain.

Decision

[¶ 15.] “If the trial court finds an injustice has been done by the jury's verdict, the remedy lies in granting a new trial.” Waldner v. Berglund, 2008 S.D. 75, ¶ 11, 754 N.W.2d 832, 835 (quoting Schuldies v. Millar, 1996 S.D. 120, ¶ 8, 555 N.W.2d 90, 95). We review the grant of a new trial under the abuse of discretion standard, but “more deference is given to the trial court's grant of a new trial than its denial of one.” Reinfeld v. Hutcheson, 2010 S.D. 42, ¶ 5, 783 N.W.2d 284, 287 (quoting Morrison v. Mineral Palace Ltd. P'ship, 1998 S.D. 33, ¶ 7, 576 N.W.2d 869, 870).

[¶ 16.] However, deference to a trial court's grant of a new trial is not without limits. A trial court may set aside a jury's verdict only “if the jury's conclusion was unreasonable and a clear illustration of its failure to impartially apply ‘the reasoning faculty on the facts before them.’ ” LDL Cattle Co. v. Guetter, 1996 S.D. 22, ¶ 13, 544 N.W.2d 523, 527 (quoting Lewis v. Storms, 290 N.W.2d 494, 497 (S.D.1980)). “All inferences are indulged in favor of the nonmoving party[.]” Surgical Inst. of S.D., P.C. v. Sorrell, 2012 S.D. 48, ¶ 9, 816 N.W.2d 133, 137 (quoting Baddou v. Hall, 2008 S.D. 90, ¶ 33, 756 N.W.2d 554, 562). “If the jury's verdict ‘can be explained with reference to the evidence,’ it should be affirmed.” Reinfeld, 2010 S.D. 42, ¶ 8, 783 N.W.2d at 287 (quoting Waldner, 2008 S.D. 75, ¶ 14, 754 N.W.2d at 836).

[¶ 17.] In this case, Lisa admitted that the cause of her need for the pacemaker and subsequent medical problems was the subject of conflicting expert evidence. Thus, Lisa admitted that there was no evidence relating to this issue upon which the motion for new trial could be granted. She conceded that it “was within the jury's prerogative”...