Gierek v. Anonymous 1

Court: Supreme Court of Indiana

Docket: 23S-CT-00277

Opinion Date: January 9, 2025

Judge: Christopher M. Goff

Areas of Law: Civil Procedure, Class Action, Medical Malpractice, Personal Injury

In late 2019, a hospital sent letters to over a thousand patients, including Linda Gierek, informing them of potential exposure to infectious diseases due to a technician's failure to fully sterilize surgical instruments. Gierek filed a class-action complaint against the hospital, asserting claims of negligent infliction of emotional distress, negligence, and medical malpractice. She sought class certification for similarly situated patients and their spouses. The trial court consolidated Gierek’s action with a similar class-action claim filed by Cheyanne Bennett.

The Indiana Patient’s Compensation Fund intervened, arguing that the claims sounded in ordinary negligence and thus the Medical Malpractice Act (MMA) did not apply. The hospital argued the opposite. The trial court ruled in favor of the hospital, stating the MMA applied, and denied the motion for class certification, citing lack of subject-matter jurisdiction while a proposed complaint was pending before a medical-review panel. On appeal, the Court of Appeals affirmed the MMA’s applicability but reversed the trial court’s decision on class certification jurisdiction.

The Indiana Supreme Court reviewed the case and held that the MMA covers all claims for medical malpractice, not limited to bodily injury or death. The court also held that class certification is a proper preliminary determination under the MMA. The court affirmed in part, reversed in part, and remanded the case for the trial court to consider the plaintiffs’ motion for class certification.

Luppold v. Hanlon

Court: Massachusetts Supreme Judicial Court

Docket: SJC-13577

Opinion Date: January 3, 2025

Judge: Scott L. Kafker

Areas of Law: Medical Malpractice, Personal Injury

The plaintiff, Steven Luppold, filed a medical malpractice lawsuit after an above-the-knee amputation of his left leg. He alleged that the negligence of three healthcare providers—Susan Hanlon, a registered nurse; Charles Loucraft, a physician assistant; and Carlos Flores, a nurse practitioner—led to his injury. Luppold visited the emergency department at Lowell General Hospital twice in March 2015, complaining of severe foot pain and discoloration. Despite these symptoms, he was discharged without proper diagnosis or treatment, leading to the eventual amputation.

In the Superior Court, a jury awarded Luppold $20 million in damages, finding Hanlon, Loucraft, and Flores negligent. Hanlon moved for judgment notwithstanding the verdict, to set aside the verdict, or for remittitur, arguing that the trial judge erred in not allowing cross-examination about a high-low settlement agreement between Loucraft and Flores, and that the jury instructions on factual causation were incorrect. The trial judge denied her motion, and Hanlon appealed.

The Supreme Judicial Court of Massachusetts reviewed the case. The court found no abuse of discretion in the trial judge's decision to exclude cross-examination about the high-low settlement agreement, as Hanlon failed to demonstrate how the agreement caused bias or changed testimony. The court also upheld the jury instructions on factual causation, determining that they correctly conveyed the "but-for" causation standard required by law. Additionally, the court rejected Hanlon's argument that she was entitled to judgment notwithstanding the verdict, finding sufficient evidence that her actions fell below the standard of care and contributed to Luppold's injury.

Finally, the court affirmed the assessment of prejudgment interest on the entire damages award, including future pain and suffering, as required by Massachusetts law. The judgment and the order denying Hanlon's posttrial motions were affirmed.

Whitfield v. Schimpf

Court: South Carolina Supreme Court

Docket: 28250

Opinion Date: January 8, 2025

Judge: John C. Few

Areas of Law: Civil Procedure, Medical Malpractice, Personal Injury

Jeane Whitfield filed a medical malpractice lawsuit against Dr. Dennis Schimpf and Sweetgrass Plastic Surgery, LLC, alleging negligence in performing breast augmentation-mastopexy surgery and in post-operative care. Whitfield experienced complications post-surgery, including severe pain and wound issues, leading her to seek further medical attention and additional surgeries. She claimed Schimpf's negligence caused her injuries and inadequate post-operative care exacerbated her condition.

The jury in the Circuit Court of Charleston County found in favor of Schimpf and Sweetgrass, determining that Whitfield did not prove the defendants deviated from the standard of care. Whitfield appealed, and the South Carolina Court of Appeals affirmed the trial court's decision. Whitfield then petitioned for a writ of certiorari to the South Carolina Supreme Court, challenging two evidentiary rulings: the exclusion of evidence to show bias of Sweetgrass' office manager, Vicky Tolbert, and the admission of testimony from Schimpf's expert witnesses based on their Rule 35 examinations of Whitfield.

The South Carolina Supreme Court found the Court of Appeals correctly affirmed the admission of the expert testimony but erred in affirming the exclusion of evidence of Tolbert's bias. The Supreme Court held that evidence of Tolbert's sexual relationship with Schimpf, her salary, and the free cosmetic procedures she received was relevant to show potential bias and should have been admitted. The Court determined that excluding this evidence was prejudicial to Whitfield's case, as it impacted the jury's ability to assess Tolbert's credibility. Consequently, the Supreme Court reversed the Court of Appeals' decision and remanded the case for a new trial.

Hull v. North Lincoln Hospital District

Court: Wyoming Supreme Court

Citation: 2025 WY 6

Opinion Date: January 9, 2025

Judge: Kate M. Fox

Areas of Law: Civil Procedure, Medical Malpractice, Personal Injury

Nicholas Hull sued North Lincoln Hospital District and several medical professionals for negligence in the death of his newborn son, Eli Hull. Canessa Hull, Nicholas's wife, went into labor on August 9, 2021, and was admitted to Star Valley Health. Due to complications during labor, Eli was born with a double-knotted nuchal cord and did not survive. The Hulls were initially informed by the attending doctors that the nuchal cord was the sole cause of Eli's death. However, in April 2023, Dr. Burk, an anesthesiologist, revealed that Eli's death was preventable and due to the failure to follow safety protocols during labor.

The District Court of Lincoln County dismissed Mr. Hull’s complaint, ruling that his notice of governmental claim was untimely. The court found that the two-year period for filing the notice expired in September 2023, and Mr. Hull’s notice, submitted in July 2023, was defective. Mr. Hull argued that the period should be equitably extended due to the defendants' fraudulent concealment of the true cause of Eli’s death.

The Supreme Court of Wyoming reviewed the case and affirmed the lower court's decision. The court held that Mr. Hull’s complaint did not adequately allege the elements required for equitable estoppel or equitable tolling. Specifically, the complaint failed to show that the delay in filing the notice was induced by the defendants' misinformation and that Mr. Hull acted on this misinformation in good faith, resulting in his failure to file a timely notice. Additionally, the complaint did not establish that the fraudulent concealment prevented Mr. Hull from complying with the statutory deadline, as he had over four months remaining to file a proper notice after discovering the concealment. Therefore, the court concluded that neither equitable estoppel nor equitable tolling applied, and the dismissal of the complaint was affirmed.