Morrison v. Jaenicke
Annotate this Case
Download PDF
RENDERED:
OCTOBER 27, 2006; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth Of Kentucky
Court of Appeals
NO. 2005-CA-000949-MR
JENNIFER MORRISON; AND
JONATHAN MORRISON
APPELLANTS
APPEAL FROM BOYD CIRCUIT COURT
HONORABLE C. DAVID HAGERMAN, JUDGE
ACTION NO. 02-CI-00453
v.
KURT JAENICKE, M.D.; AND
ASHLAND WOMEN’S CARE, P.S.C.
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
BARBER AND VANMETER, JUDGES; EMBERTON,1 SENIOR JUDGE.
BARBER, JUDGE:
A Boyd County jury returned a verdict in favor
of Appellees, Dr. Kurt Jaenicke and Ashland Women’s Care, P.S.C.
Based on the verdict, the circuit court entered a judgment
dismissing the complaint of the Appellants, Jennifer Morrison
and Jonathan Morrison.
1
The Morrisons’ action was for injuries
Senior Judge Thomas D. Emberton sitting as Special Judge by assignment of
the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution
and KRS 21.580.
to Jennifer resulting from the alleged medical malpractice of
Dr. Jaenicke during the birth of their child.
The question for our court is whether the jury verdict
was flagrantly against the evidence presented or induced by
passion or prejudice.
Following a review of the record, we
affirm.
Background
On April 30, 2001, Jennifer went into labor with the
parties’ first child.2
The couple went to King’s Daughter’s
Medical Center for the birth.
5:38 p.m. the same day.3
A healthy baby boy was born at
The delivery was performed by Rhonda
Dendinger, a certified nurse midwife.4
Following the birth, a complication arose.
While
Dendinger was delivering the placenta, it remained attached to
the uterus and a uterine inversion occurred.5
Dendinger called
Dr. Jaenicke for assistance who arrived within minutes.
Dr.
Jaenicke removed the placenta before attempting re-inversion.
Neither Dr. Jaenicke nor Dendinger was able to re-invert the
uterus while in the labor and delivery room.
Jennifer was then
moved to surgery.
2
Jennifer was twenty years old.
3
Jennifer had a vaginal delivery.
4
Ms. Dendinger is a former employee of Ashland Women’s Care.
5
A uterine inversion occurs when the uterus turns inside out. In Jennifer’s
case, the inverted uterus was partially outside her body through her vagina
with the placenta attached.
-2-
In the operating room, Jennifer was given a medication
to relax her uterus, Desflurane.
uterus were still unsuccessful.
Attempts to re-invert her
Dr. Jaenicke called in another
doctor from his office, Dr. Guilherme Cantuaria, to assist.
Dr.
Jaenicke then performed a laparotomy6 in an effort to help with
the re-inversion.
Dr. Cantuaria was able to re-invert the
uterus following the laparotomy.
procedure.
Dr. Cantuaria left after this
Jennifer’s uterus failed to contract following the
re-inversion.
Medications were given to Jennifer to help stimulate
uterine contractions.7
None of them were successful.
Dr.
Jaenicke then consulted with a physician from the University of
Kentucky who recommended another drug to stimulate contractions.8
This treatment was also unsuccessful.
Dr. Jaenicke decided a hysterectomy was necessary to
save Jennifer’s life due to her continuing blood loss.
Dr.
Cantuaria was called back in to assist with the procedure.
surgery went well and Jennifer’s bleeding ceased.
full recovery.
6
A laparotomy is a surgical incision of the abdominal wall.
7
Pitocin, Methergine, and Hemabate were first used.
8
Cytotec was the recommended drug.
-3-
The
She had a
One year later, the Morrisons filed suit against Dr.
Jaenicke and Ashland Women’s Care9 alleging Jennifer’s
hysterectomy was the result of medical negligence.
was held for one week.
A jury trial
Following a brief deliberation,10 the
jury returned a unanimous verdict11 for Dr. Jaenicke and Ashland
Women’s Care.
The trial court subsequently entered a judgment
dismissing the Morrisons’ complaint.
The Morrisons now appeal
to our court.
Standard of Review
The Morrisons do not allege any errors occurred at the
trial court level.
The finding of the jury will not, in the
absence of error on the part of the trial court, be disturbed
upon appeal by the qualification that it would be set aside, if
it appears that it was wholly unsupported by or was flagrantly
against the evidence, or had been superinduced by passion or
prejudice on the part of the jury.
Illinois Central Railroad
Co. v. Long, 142 S.W. 212, 213 (Ky. 1912), see also Louisville &
N.R. Co. v. Rowland’s Administrator, 14 S.W.2d 174, 178 (Ky.
1929) and Bristow v. Taul, 219 S.W.2d 641, 642 (Ky. 1949).
9
The Morrisons claimed Ashland Women’s Care was vicariously liable for the
alleged negligence of Dr. Jaenicke.
10
The jury deliberated for less than one hour.
11
A unanimous jury verdict does not resolve the issue of the sufficiency of
the evidence to support the verdict. Thompson v. Hardy, 43 S.W.3d 281, 286
(Ky.App. 2000).
-4-
Legal Authority and Analysis
Where there is conflicting evidence, it is the
responsibility of the jury to determine and resolve such
conflicts, as well as, matters affecting the credibility of the
witnesses.
Bierman v. Klapheke, 967 S.W.2d 16, 19 (Ky. 1998).
A jury may believe any part or all of the testimony of any of
the witnesses, or may disbelieve all of it.
Gillispie v.
Commonwealth, 279 S.W. 671, 672 (Ky. 1926).
At trial, the Morrisons claimed Jennifer required a
hysterectomy because Dr. Jaenicke administered Desflurane at the
same time as the uterine contracting drugs.
They maintain this
was proven by the anesthesia record12 and a home video13 made at
the hospital.
Neither party disputed that all of the contracting
drugs were tried before Jennifer underwent the hysterectomy.
The dispute among the parties concerned the times these
medications were given to Jennifer as well as when the
hysterectomy occurred.
12
The anesthesia record was completed in the operating room at periodic
intervals, 5 to 15 minutes, during the procedures. Deposition of Vicki
Blair, February 13, 2004, pp. 57-58.
13
Daryl Ebersole, electrical engineer, testified on behalf of the Morrisons
regarding the date stamp on the home video. However, he testified that he
did not view the original 8mm tape made by the family. Ebersole reviewed a
VHS copy of the 8mm original. He testified that it was not necessary to view
the original for his analysis. Ebersole concluded that the Morrisons’
camcorder clock was accurate. Tr. of Daryl Ebersole, Vol. II at pp. 278-304.
-5-
The anesthesia record shows that Desflurane was run
from 6:15 p.m. until 7:00 p.m.14
times.
Neither party disputes these
The dispute arose primarily in relation to two of the
four contracting drugs.15
The anesthesia record read that
Pitocin was given at 18:15, i.e. 6:15 p.m., and 18:30, i.e. 6:30
p.m., and Methergine was given at 18:20, i.e. 6:20 p.m.16
Morrisons also relied upon their home video.
The
The video showed
Dendinger at 6:32 p.m.17 telling the family that contracting
drugs had been given to Jennifer but did not work.18
However,
evidence was introduced which contradicted these times.
Vicki Blair, certified registered nurse anesthetist,
filled out the anesthesiology record until 8:35 p.m.19
Blair
testified she made a mistake on the anesthesiology record.
14
The anesthesia record for Desflurane was listed in a grid at the top of the
record.
15
Only Pitocin and Methergine were listed on the anesthesia record. The
other two drugs, Hemabate and Cytotec, were not given intravenously by the
anesthesia team. Thus, they were not contained in the anesthesia record.
They were given as an injection (Hemabate) and rectally (Cytotec).
16
The anesthesia record for these two drugs was not located in the grid.
There was a small box at the lower right side with the names of the drugs
pre-printed on the form. A nurse was to fill in the amount and time the two
drugs were given.
17
We note that no clocks were shown on the portion of the video shot on April
30, 2001. A hospital clock was shown in the background during taping May 4,
2001. Also, during this portion of the video, the camera was pointed towards
the floor and the most one can see are the lower extremities of the
individuals in the room.
18
The relevant conversation with Dendinger began at 6:29 p.m. on the home
video. Dendinger stated Jennifer had already received Pitocin, Hemabate, and
Methergine. She did not mention Cytotec.
19
Patty Wolf, CRNA, relieved Blair.
-6-
Specifically, she had trouble converting to military time.20
She
made similar mistakes on all eight blood slips.21
Mistakes were also made on another hospital record.
The peri-operative record22 incorrectly listed the Hemabate being
given at 16:20, i.e. 4:20 p.m., and 16:30, i.e. 4:30 p.m.23 These
times were prior to the Morrison’s baby being born and all
parties acknowledge the report’s times were incorrect.
no time was listed for the Cytotec in the same record.24
Further,
There
was also support for the inaccurate times through other witness
testimony.
Dr. Ho Jung, Jennifer’s anesthesiologist, testified
multiple times that he had never run Desflurane simultaneously
with Pitocin and Methergine.25
20
Similarly, Dr. Jaenicke testified
Deposition of Vicki Blair, February 13, 2004, p. 24.
21
Blood slips are completed when a transfusion of blood or plasma is given to
a patient. The top portion of the slip, including the dispensing time, is
filled in by a computer. The bottom transfusion portion is completed by a
nurse.
On all eight slips Vicki Blair listed the wrong start and end times in the
transfusion section. She had times listed which were earlier than the times
the blood was dispensed from the blood bank. All of the times, except one,
were mistakes of one hour where she listed the incorrect military time. In
one instance, she missed the time by an hour and a half. See Deposition of
Vicki Blair, February 13, 2004, pp. 27-38.
22
This form was not filled out by Vicki Blair.
23
Cathy Spence, RN, testified that the Hemabate information was in Connie
Gill’s handwriting. Tr. of Cathy Spence, Vol. I at p. 177.
24
Cathy Spence testified that she wrote the Cytotec information on the form.
Tr. of Cathy Spence, Vol. I at p. 169.
25
Deposition of Ho Jung, M.D., February 13, 2004, pp. 54, 65-66, and 68.
-7-
that he ordered the Desflurane be turned off prior to any
uterine contracting drug being given.
In relation to the hysterectomy, the Morrisons argued
that the anesthesia record and home video established that the
hysterectomy began at 6:44 p.m.
The anesthesia record had a
notation in the “surgery start” section of “open 18:44.”
The
video contained the conversation with Dendinger wherein she told
the family a hysterectomy was going to be performed on Jennifer.
The Morrisons argued this evidence proved Jennifer’s
hysterectomy was performed at 6:44 p.m.
Therefore, she had
received all uterine contracting drugs prior to that time.
However, several witnesses, including Dr. Jaenicke,26 Dr. Jung,27
and Vicki Blair,28 each testified that the laparotomy29 began at
6:44 p.m., not the hysterectomy.
After reviewing the evidence the Morrisons felt
garnered a jury verdict in their favor at the trial level, (i.e.
the Morrisons’ home video and the anesthesia record), we again
note that a jury can choose what to believe.
However, in order
to reach a decision in this matter, we must examine the required
elements of the Morrison’s malpractice action.
26
Tr. of Dr. Kurt Frederick Jaenicke, Vol. III at pp. 490 and 494.
27
Deposition of Dr. Ho Jung, February 13, 2004, p. 17.
28
Deposition of Vicki Blair, February 13, 2004, p. 17.
29
On the anesthesia record, Rocu-Ronium, an abdominal muscle relaxant, was
given around 6:45 p.m.
-8-
The elements of a medical malpractice action are the
same as any negligence action (i.e. duty, breach, causation, and
injury).
Grubbs ex rel. Grubbs v. Barbourville Family Health
Center, P.S.C., 120 S.W.3d 682, 687 (Ky. 2003), (citing Mullins
v. Commonwealth Life Ins. Co., 839 S.W.2d 245 (Ky. 1992)).
If a
physician’s service falls below the expected level of care and
skill and this negligence proximately caused injury or death,
then all elements of a malpractice action have been met.
Id. at
688, (citing Reams v. Stutler, 642 S.W.2d 586 (Ky. 1982)).
Each party presented expert testimony.
The Morrisons’
expert, Dr. Thomas Benedetti,30 opined that Dr. Jaenicke’s
actions fell below the standard of care, i.e. breach of duty,
and that the running of Desflurane at the same time as the
uterine contracting medications made it necessary to perform the
hysterectomy, i.e. cause.31
Dr. Jaenicke and Ashland Women’s Care presented two
experts, Dr. Watson A. Bowes, Jr.32 and Dr. Jonathan William
Weeks.33
Each opined at trial that Dr. Jaenicke met the standard
30
Dr. Benedetti was an obstetrician-gynecologist who specialized in maternal
fetal medicine, which involves the care of high-risk pregnancies.
31
Dr. Thomas Benedetti deposition, March 2, 2005, pp. 7 and 38.
32
Dr. Bowes was an obstetrician-gynecologist.
33
Dr. Weeks was an obstetrician-gynecologist who specialized in maternal
fetal medicine.
-9-
of care.34
Further, each testified that even if the contracting
drugs were given at the same time as Desflurane, it would not
have caused the uterus to remain inactive.35
The Morrisons’ argue that the jury verdict is
flagrantly against the evidence primarily because of their home
video.
We do not believe this video alone helps establish
either a breach of duty or causation in this matter.
Moreover,
Dr. Jaenicke’s experts acknowledged viewing the video and each
testified his opinion remained unchanged.36
Dr. Jaenicke’s experts testified at trial that Dr.
Jaenicke met the standard of care and even if the drugs were run
simultaneously, it would not have caused Jennifer to have a
hysterectomy.
We believe this expert testimony supports the
jury verdict.
As stated earlier, a jury may believe any part or all
of the testimony of any of the witnesses, or may disbelieve all
of it.
Gillispie, supra, 279 S.W. at 672.
In this instance,
the jury chose to believe the testimony favorable to Dr.
Jaenicke and Ashland Women’s Care.
criticize the jury for its choices.
It is not for us to
Rather we must determine
34
Tr. of Dr. Watson A. Bowes, Jr., Vol. II at pp. 344 and 374.
Jonathan William Weeks, Vol. II at p. 408.
35
Tr. of Dr. Watson A. Bowes, Jr., Vol. II at pp. 369-374.
Jonathan William Weeks, Vol. II at pp. 417, 430, and 448.
36
Tr. of Dr. Watson A. Bowes, Jr., Vol. II at p. 374.
William Weeks, Vol. II at pp. 423-424.
-10-
Tr. of Dr.
Tr. of Dr.
Tr. of Dr. Jonathan
whether its verdict is supported by the evidence presented.
believe that it was.
We
As such, we do not believe that the jury
verdict37 in favor of Dr. Jaenicke and Ashland Women’s Care was
flagrantly against the evidence or induced by prejudice or
passion.
Conclusion
The Morrisons’ argue that the jury verdict against
them was the result of prejudice or passion.
After a thorough
review of a lengthy record, we believe the jury’s verdict was
supported by sufficient evidence.
Therefore, we affirm the Boyd
Circuit Court’s judgment dismissing the Morrisons’ suit against
Dr. Jaenicke and Ashland Women’s Care.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Elizabeth R. Seif
Lexington, Kentucky
Tracy S. Prewitt
Michael R. McDonner
Louisville, Kentucky
37
All elements of a medical negligence action were combined into Jury
Instruction No. 2 which read as follows:
It was the duty of the Defendant, Kurt Jaenicke, M.D., in treating
Jennifer Morrison to exercise the degree of care and skill expected of a
reasonably competent obstetrician/gynecologist acting under similar
circumstances.
Are you satisfied from the evidence that the Defendant, Kurt Jaenicke,
M.D., failed to comply with that duty and that such failure was a substantial
factor in causing Jennifer Morrison’s injuries?
YES__________
NO__________
If you answered “No”, enter your verdict in favor of the Defendant, Kurt
Jaenicke, M.D. on Verdict Form A and return to the courtroom. If you
answered “Yes”, enter your verdict in favor of the Plaintiffs, Jennifer
Morrison and Jonathan Morrison, on Verdict Form B and return to the
courtroom.
-11-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
