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Bryant v. LaGrange Memorial Hospital

Case Date: 12/17/2003
Court: 1st District Appellate
Docket No: 1-02-0518 Rel

Third Division
December 17, 2003

No. 1-02-0518

YVETTE BRYANT and AMOS BRYANT,
Individually and as Parents and Next
Friends of Kylie Bryant, a Minor,

                         Plaintiffs-Appellants,

          v.

LAGRANGE MEMORIAL HOSPITAL,

                         Defendant-Appellee

(Yong Kim and Shanta Nath,

                         Defendants).

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)		 Appeal from the
Circuit Court of
Cook County, Law
Division


No. 96 L 11679





Honorable
Allen A. Freeman,
Judge Presiding.

 
JUSTICE HALL delivered the opinion of the court:

This case concerns an action for medical malpractice broughtby plaintiffs Yvette Bryant and Amos Bryant, individually and asparents and next friends of the minor plaintiff, Kylie Bryant,against defendants Dr. Yong Kim, Dr. Shanta Nath, and theLaGrange Memorial Hospital (Hospital) for injuries Kylie Bryantsuffered just prior to her delivery. The jury returned a verdictin plaintiffs' favor and against Dr. Kim, awarding damages in theamount of $30 million. However, the jury found in favor of theHospital and Dr. Nath.

Plaintiffs accepted the $1 million insurance policy limit ofDr. Kim and settled the matter with Dr. Nath's employer for$100,000. Thereafter, plaintiffs filed a posttrial motion, whichthe trial court subsequently denied. Plaintiffs now appeal fromthe verdict and judgment in favor of the Hospital.(1)

On appeal, plaintiffs contend that: (1) the trial courterred by refusing to give subparagraph D of plaintiffs' proposedissue instruction No. 13; (2) the trial court erred by refusingto give three modified versions of the pattern duty instruction;and (3) the trial court erred by allowing the Hospital's expert,Dr. MacGregor, to testify with opinions not previously disclosedpursuant to Supreme Court Rule 213(g) (177 Ill. 2d R. 213(g)). For the reasons that follow, we affirm.

FACTUAL BACKGROUND

Yvette Bryant was admitted to the labor and delivery unit ofthe Hospital at approximately 2:30 a.m. on August 9, 1995. Shewas at full term and was two days past her estimated due date. Her vital signs were normal. Yvette Bryant planned a VBACdelivery(2), meaning she planned to attempt to deliver vaginallyafter having previously delivered by cesarean section (C-section)(3). Complications arose however and Kylie Bryant wasdelivered by emergency C-section. Upon delivery, Kylie Bryantwas limp and not breathing. She was immediately resuscitated butwas later diagnosed as suffering from cerebral palsy.(4)

Thereafter, plaintiffs Yvette Bryant and Amos Bryant,individually and as parents and next friends of the minorplaintiff, Kylie Bryant, filed a medical malpractice actionagainst defendants Dr. Kim, Dr. Nath, and the Hospital, seekingto recover damages on the theory that Kylie Bryant sufferedpermanent brain damage due to a deprivation of oxygen just priorto her delivery. A jury trial commenced on July 26, 2001, wherethe following facts were established.

In late evening, on August 8, 1995, Yvette Bryant began toexperience the early stages of labor. On August 9, 1995, atapproximately 2:30 a.m., Yvette Bryant was admitted to theHospital, where she was attended to by labor and delivery nursesSusan Tully, R.N., and Susan Horner, R.N. Yvette Bryant was atfull term and was two days past her estimated due date. Thenurses took Yvette Bryant's vital signs, which were normal, drewblood, attached an IV to keep Yvette Bryant hydrated and the babyactive, attached an external electronic fetal monitor(5) to YvetteBryant's abdomen, and then called her obstetrician, Dr. Kim. At3 a.m., the fetal monitor indicated a heart rate of 140 beats perminute(6). A vaginal examination indicated that Yvette Bryant'scervix was dilated 3 centimeters (10 centimeters dilation isrequired for vaginal delivery). Nurse Tully testified that atthis time, Yvette Bryant's condition was normal and that she washaving regular contractions.

Dr. Kim arrived at the Hospital at approximately 3:15 a.m. Dr. Kim artificially ruptured Yvette Bryant's bag of waters, oramniotic sac, and attached an internal scalp lead on the baby'shead in order to more accurately monitor the baby's heart rate. Nurse Tully testified that when the bag of waters was rupturedshe noted that there was a large quantity of thick meconium(7) inthe amniotic fluid. Dr. Kim then ordered that Yvette Bryantundergo an amnioinfusion, which is a procedure whereby a catheteris placed up around the uterus and a saline solution is runthrough the catheter in order to irrigate or rinse out themeconium. Yvette Bryant was administered two bags of salinesolution during this procedure.

Nurse Tully testified that Dr. Shanta Nath, a neonatologist,was then called to the Hospital since hospital policy requiredthat a neonatologist be called whenever meconium is observed. At3:30 a.m., the fetal heart rate was 145. Dr. Nath testified thatshe arrived at the hospital at approximately 3:40 a.m. Dr. Nathtestified that she did not provide any care to Yvette Bryant inher laboring state or provide any advice to Dr. Kim or the laborand delivery nurses. Dr. Nath testified that her primary rolewas to provide care to Yvette Bryant's baby once the baby wasdelivered.

At 4 a.m. the fetal heart rate was 135. A vaginal examconducted at about 4:15 a.m. indicated that Yvette Bryant wasdilated to 4 centimeters. Nurse Tully testified that at about4:30 a.m. she administered Yvette Bryant a pain reliever calledNubain through an IV line.

At 4:30 a.m. the electronic fetal heart monitor stripevidenced a bradycardia or abnormally low heart rate in the 60sfor 4