We posted stories yesterday on the current medical negligence trial against Dr. James Michael Guiler on claims he performed unnecessary hysterectomies, the UK branding incident, and the earlier published decision of the Kentucky Supreme Court in which the dismissal of a child's loss of consortium claim for the death of the child's mother was dismissed and eventually resulted in a change in the law recognizing loss of parental consortium claims. See, Ky Trials: Lexington Medical Negligence Trial Continued Following Claims of Juror Coercion.
But alas, the rest of the story has been provided to us compliments of Shannon Ragland and the Kentucky Trial Court Review on the eventual medical negligence trial of Dr. Guiler from the allegations arising from his actions in 1992 and the Kentucky Supreme Court Decision of Guiliana v. Guiler (parental consortium case).
For a little procedural history and epilogue on that earlier incident. The medical negligence allegations arose from a mother's death during a delivery in 1992 and which resulted in a wrongful death lawsuit against the obstetrician, anesthetist, and hospital. Among the various claims was a claim by the surviving children for a loss of parental consortium which was dismissed at trial and appealed to the Court of Appeals and discretionary review granted by the Supreme Court. The Kentucky Supreme Court reversed precedent and recognized in Kentucky a claim for a child's loss of parental consortium resulting in the claim being returned to the trial court for disposition. The trial result as reported in the Kentucky Trial Court Review was a favorable defense verdict for him and the other defendants.
260 - Medical Negligence
Guiliani v. Guiler et al, 93 CI 0223Plaintiff: Ann Oldfather, Louisville & Jeffrey Darling, Lexington
Defense: David Trimble, Lexington for Guiler; Greg Jenkins, Lexington for Central Baptist; Ken Smith, Lexington for BennettVerdict: Zero Verdict
Circuit: Fayette (4), J. Adams, 6-25-98On 1-21-92, Mary Guiliani, age 24, and the mother of three children, was admitted to Central Baptist Hospital at the direction of her Ob-Gyn, Dr. Michael Guiler to induce labor. Shortly after her fourth child was born, Guiliani died at the hospital of ambiotic fluid embolism (AFE), a condition in which the fluid enters the blood stream and causes severe respiratory problems, and which has a high rate of death. Her estate sued Guiler, Richard Bennett, an anesthesiologist, and the hospital for negligence. The four minor children sought loss of consortium damages, while the estate sought destruction of power to earn money and conscious suffering.
As to Guiler, plaintiff was critical of his choice to induce labor and the failure to proceed with a vaginal delivery instead of a caesarian section. As well, estate contended that he should not have left the hospital after the induction of labor. There was also a complaint that a thyroid medication contributed to her death. Dr. Hugh Miller, Ob-Gyn, Tucson, AZ, testified that plaintiff was in thyroid storm as a result of the medication, and further he was the only doctor not to blame AFE; Tom Barden, Ob-Gyn, Cincinnati, also testified as to the standard of care. Bruce Waller, Pathology, Indianapolis, discussed the role of the thyroid medication. Dr. Dennis Kotelko, Anesthesiology, Aurora, CO, testified as to causation, to wit, if a c-section were attempted earlier, the AFE would not have occurred. The complaint against Bennett concerned his failure to intubate the plaintiff when he arrived on the scene. As to Central Baptist, it was the failure to note Guiliani’s worsening condition and the administration of the thyroid drug.
Plaintiff’s vocational proof was provided by John Tierney, Louisville who valued her economic destruction at $1,594,800. Larry Raskin, Psychologist, testified about the effect of the mother’s death on the children, and their need for psychotherapy.
Guiler responded through his expert, Stephen Clark, Ob-Gyn, Salt Lake City, that the care was good, and that AFE is an unpredictable and highly fatal condition. Regarding the failure to abort vaginal delivery, and leaving the hospital, Guiler contended that there were no indications of problems. Dr. Michael Ehrie, Pulmonology, Ashland, testified about the role of the AFE in plaintiff’s death; further, the administration of the thyroid drug played an unimportant role in light of the AFE. An IME, Dr. Lee Haller, Psychiatrist, Rockville, MD, testified the children were doing as well as could be expected, but noted that the father’s inability to deal with his severe depression because of the loss was part of the problem.
Bennett, utilized William Witt, Anesthesiologist, Louisville, who testified that there was no signs that he intubate plaintiff, and that when there was, he tried, but that the AFE was already full-blown. The hospital’s experts were Dr. Gary Hankins, Ob-Gyn, Galveston, TX, and William Baldwin, Vocational Expert. Baldwin valued the destruction claim at closer to $500,000.
The thrust of the defense was that AFE was the causal factor which pulled together and explained what happened, and which was more probable than the series of events about which the plaintiff complained.
The trial of this matter began on June 1 and did not end until 24 days later. The jury found Guiler, Bennett and the hospital all not at fault, and awarded nothing. Plaintiff had sought funeral expense, destruction as noted, and $3,000,000 for pain and suffering. Each of the four children also claimed $3,000,000 for loss of consortium. The Guiliani case was previously appealed to the Kentucky Supreme Court, which first recognized herein, a child’s right to loss of consortium.
See also, Ky Jury Verdicts: A taste of the Kentucky Trial Court Review.
Ky Trials: Lexington Medical Negligence Trial Continued Following Claims of Juror Coercion
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