Date: 10-01-2015

Case Style: Rebecca Aldape v. Integris Baptist Medical Center, Inc.

Case Number: CJ-2011-8086

Judge: Patricia G. Parrish

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Dan Weinstock, Scott Vezino and Lateesha Hunter for Plaintiff

Defendant's Attorney: Glen D. Huff, David A. Branscum and Whitney E. Buergler for Integris Baptist Medical Center

Malinda Matlock and Scott Jones for Paul Yasuda, M.D.

Scott John and Alexander Vosler for James Allen Pickens, M.D.

Earl Ogletree and Erin Renegar for Nikola K. Pugginbarger, M.C.

Description: Oklahoma City, OK - Rebecca Aldape settled her medical malpractice claims against Integris Baptist Medical Center, Inc. and others

Rebecca Aldape sued Integris Baptist Medical Center, Inc., d/b/a Intergris Health, d/b/a Baptist Medical Center of Oklahoma, Nikola K. Puffinbarger, M.D., James Allen Picken, M.D., Paul Yasuda, M.D., HCA Health Services of Oklahoma, Inc. d/b/a OU Medical Center, OU Physicians and OU Children's Physicians on medical negligence (medical malpractice theories claiming:

1. This Court has jurisdiction pursuant to 12 Okla. Stat. § 2004(F).
2. The acts giving rise to this medical negligence case occurred within Oklahoma
Coun, Okloma and the District Court of Oklahoma Counw has jurisdiction over the subject mailer of an the parties hereto.
CAUSE OF ACTION
3. On December 31, 2002, Roy Stevenson was admitted to the INTEGRIS Baptist
Medical Center for treatment to repair an imperforate anus.
4. On January 10, 2003, Roy Stevenson was taken to the operating room for an exploratory japarotom.
5. Prior to the exploratory laparotomy, it was determined that Roy Stevenson needed
a central lne placed for the future administration of blood products. Dr. Puffinbarger and Dr. Yasuda atained access for the central line t&ough the right internal jugnlar vein and left the tip of the cenral venous line in the inferior vena cava.
6. 1 The standard of care required that when a central venous line is placed with access through tl* jugular, the tip of the central venous line should be located in the superior vena cava to preventthe tip from migrating into the atrium and risk perforating the atrium wall.
7. The Defendants negligently allowed the tip of the central venous line to migrate into Roy Stevenson’s right atrium. The tip damaged the wall of the right atrium, causing cardiac tampona4.
8. Dr. Pickens failed to perform timely assessments on Roy Stevenson, which caused a celay in diagnosis of his deteriorating condition.
9. Roy Stevenson required resuscitation for approximately forty (40) minutes, and ultimately suffered a profound hypoxic brain injury that caused cerebral palsy.
lO. At all relevant times, the individual Defendants herein named were employees or agents, ;actual or ostensible, of Defendant, INTEGRIS Baptist Medical Center, Inc., d/b/a INTEGRJ$ Baptist Medical Center dlb/a INTEGRIS Baptist Medical Center dlb/a INTEGRIS Health d/l/a Baptist Medical Center of Oklahoma (hereinafter referred to as the “INTEGRIS Defendants”), HCA Health Services of Oklahoma, Inc. djb/a OU Medical Center d/b/a OU Physicians and OU Children’s Physicians (hereinafter referred to as the “OU Defendants”), and they were acting within the scope of their employment andlor agency.
14. The INTEGRIS Defendants and the OU Defendants are liable for their own acts of neglignce and for the negligence of their employees, agents and ostensible agents.

The pre-trial order entered by the Court provided, in part:


121 Plaintiff’s injuries include, but are not limited to:
a. loss of services of Roy Stevenson; b. mental pain and aniish;
c. permanent and substantial physical abnormality;
d. loss of, and/or substantial impairment to, a major body organ and/or system;
e. permanent physica’ functional injury which prevents him from being able to independently care for himself and perform life sustaining activities, now and in the future;
f medical bills;
g. bills for his futare life care which may include speech therapy, physical therapy, vocational training, occupational therapy, assistance with
activities of daily living and educational support.
h. punitive damages.
l. Plaintiff prays for damages in excess of $75,000.
14. Plaintiffs counsel would further state that he has obtained an expert report pursuant o Oklahoma law.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

2. General Statement of Facts:
a. Who: Plaintifi Rebecca Aldape, Parent and Natural Guardian of Roy Stevenson, a minor patient at Defendant Integris Baptist Medical Center’s facility, where he was treated by Defendants Nikola Putfiubarger, M.D., Paul Yasuda, M.D., and James Allen Pickens, M.D.
b. What: Medical Negligence
c. Where: Integris Baptist Medical Center, Oklahoma City, Oklahoma
d. When: January 10, 2003 through January11, 2003

3. Plaintiffs Contentions:
A. All Theories of Recovery and the Appilcable Statutes, Ordinances, and Common Law Rules Relied Upon

Negligence and vicarious liability of Integris Baptist Medical Center for the negligence of Dr. Puffinbarger, Dr. Yasuda and Dr. Pickens.

B. Damages or Relief Sought

Common Law, 76 O.S. Section 21

4. Defendant Hospital’s Contentions:
Defendant Integris Baptist Medical Center denies all of Plaintiffs claims and asserts that at all times the standard of care was met. None of Plaintiff’s experts have testified to standard of care criticisms of any Hospital employee. Moreover, defendant physicians were at all relevant times acting as independent contractors, and Oklahoma law has never extended the doctrine of ostensible agency to include Pediatric Surgeons, Pediatric Anesthesiologists or Neonatologists. Further, the injuries in this case are the result of unforeseeable and unavoidable complications with which Defendant Integris Baptist Medical Center had no control. Defendant Integris further contends that any injuries alleged to have been sustained by Plaintiff were the result of an intervening or supervening cause, and/or were caused by a re-existing or post-developing unrelated medical condition, disease, illness or infection for which these defendants are not responsible.
No.
Grounds for Recovery/Defenses:
Applicable Statute, Ordinance or
Common Law Rule
2.
Denial of ostensible agency and general denial of negligence.
Common law
2.
Denial of causation.
Common law
3.
The care provided by Defendant Integris Baptist Medical Center, and its agents and/or employees was in all respects reasonable, appropriate, and within the applicable standard of care,
Common law
4.
Plaintiffs’ alleged injuries and damages are the result of significant, underlying medical illnesses brought about through no fault on the part of this Defendant.
Common law
5.
No act or omission by any of the agents and/or employees of Integris Baptist Medical Center caused Plaintiff.s alleged injuries.
Common law
6.
Supervening/intervening cause,
Common law

The defendants denied negligence.
Integris denied agency.

No. Grounds for Defense: Applicable Statute, Ordinance or
Common Law Rule
1. General and specific denial of negligence. Common law.
2.
Failure to state a claim upon which relief can be granted.
12 Okia. Stat. Ann. § 012Q,)(6), District Court Rule 13, and Common law.
3.
Assumption of the risk,
Common law.
4.
Contributory negligence.
Common law.
5.
Intervening/supervening cause
Common law.
6.
Negligence of a third party over whom defendant had no control
Common law.
7.
Roy Stevenson’s injuries were caused by a pit-existing, post-existing, or unrelated medical condition, disease and/or illness, for which Defendant Pickens is not responsible.
Common law.
8.
Roy Stevenson’s injuries were caused by an unrelated physical, mental or personal condition or were the result of an unforeseeable event.
Common law.
9.
Roy Stevenson’s injuries were caused by Roy Stevenson’s and/or Plaintiffs own acts, conduct, or negligence
Common law.
10.
All proper informed consent was obtained.
Common law.
11.
Defendant Pickens denies the damages alleged by Plaintiff.
Common law.
12.
All matters constituting an affirmative defense. Defendant hereby adopts and incorporates all affirmative defenses pled in its Answer to Plaintiffs Petition into this Order.
12 Okia. Stat. Aim, § 2008(c)
.
.
13.
Statute of limitations.
Common law.
14.
Release.
Commonlaw.
15.
Satisfaction.
Common law.
16.
Estoppel.
Common law.
17.
Defendant Pickens’ acts did not cause or contribute to Plaintiff’s claimed injuries.
Common law.
18.
All acts of Defendant Pickens met or exceeded the applicable standard of care.
Common law.
19.
Roy Stevenson and/or Plaintiff failed to use reasonable care, and failed to follow the orders of the physicians, nurses, and healthcare providers.
Common law.
20.
Roy Stevenson’s injuries are of the type that occurs without negligence.
Common law.
21.
The care provided by Defendant Pickens to Roy Stevenson was at all times, within the standards of care applicable to him.
Common law.
22.
Plaintiff lacks the expert testimony
necessary to establish a prima facie case
Common law. Thompson v. Presbyterian Hasp., Inc., 1982 OK 87, 652 P.2d 260.
of negligence against Defendant Pickens.
23.
Compliance with statutes and codes.
Coimnon law.
24.
Defendant Pickens provided ordinary care
Common law.
to Roy Stevenson.
.
25,
Roy Stevenson was not under the
Common law.
exclusive control of Defendant Pickens.
26.
Defendant reserves the right to amend or add additional defenses as discovery is
incomplete.
7. Defendaut Pickens’ Claims for Relief: Defendant James Allen Pickens, M.D., reserves
the right to seek summary judgment on the merits and additional dispositive motions after
expert depositions, and seeks final judnent in his favor. Defendant also seeks costs.
8. Defendants Yasuda and Pufflnbar2er’s Contentions:
No.
Grounds for Defense:
Applicable Statute, Ordinance or
Common Law Rule
1.
General and specific denial of negligence.
Common Law
2,
All acts of Dr. Yasuda were within the
Common Law
applicable standards of medical practice.
3.
No acts or omissions of Dr. Yasuda
Common Law
caused or contributed to any injury to Roy
Stevenson.
4.
Any damages or injuries allegedly
Common Law; 12 O.S. § 2008(C)(4)
suffered by Roy Stevenson were caused
by other unrelated conditions of Roy
Stevenson and/or were the result of the
acts or omissions of third parties over
whom Dr. Yasuda had no control.
5.
Plaintiff’s claim for past and Mute
760.8. 18; Brown v. Jimerson, 1993 OK
medical or other expenses incuned before Roy Stevenson reaches the age of
CD/ApP 158, 862 P. 2d 91.
majority are ban’ed by the applicable
statute of limitations.
9. Defendants Yasucla and Puftinbarger’s claims for relief; None.

Motion for Partial Summary Judgment of Defendant, Paul Yasuda, M.D.

* * *

STATEMENT OF UNDISPUTED FACTS

1. The Petition in this case alleges that on January 10, 2003, defendants Dr. Puffinbarger, Dr. Yasuda, and Dr. Pickens negligently placed or allowed the tip of a central venous line to remain in Plaintiff’s minor’s inferior vena cava (“IVC”). It further alleges that the tip of the central venous line later migrated into the minor’s right atrium and perforated the heart wall. This perforation allegedly caused a cardiac tamponade that required resuscitation and a hypoxic brain injury which caused cerebral palsy. (Petition, Exhibit “1,” at ¶[ 4, 5, 7, 9.)
2. Among other damages claims, Plaintiffs Petition seeks an award of punitive damages. (Id. at ¶ 12(h).)
3. Dr. Yasuda was the anesthesiologist for Roy Stevenson’s surgery on January 10, 2003. His only role with regard to the placement of the central venous line was that he placed a small angiocatheter in Stevenson’s right internal jugular during surgery. At the end of the surgery, Dr. Puffinbarger placed a guide wire through the angiocatheter to insert the central venous line that Plaintiff alleged caused the injury at issue in this case. (Deposition of Paul Yasuda, M.D., Exhibit “2,” at 16:8-9; 28:3 - 29:8.)
4. Dr. Yasuda was also aware of the location of the tip of the central venous line before Stevenson left the operating room (“OR”) because he and Dr. Puffinbarger were able to visualize the approximate situs of the tip through the use of a fluoroscope. They elected to leave the tip in the IVC pending transport of the child to the neonatal intensive care unit (“NICU”) where an x-ray could be performed to confirm the location of the tip. (Id. at 104:12 — 106:13.).
5. At the time the x-ray was taken to confirm the location of the tip of the central venous line, Dr. Yasuda had already returned the Plaintiff’s minor to the NICU and was no longer involved in his care. He never saw the x-ray that showed the location of the tip of the central venous line. (Id. at 63:12 - 64:23.)
6. Plaintiff’s expert anesthesiologist, John Arnold, M.D., testified that what happened to Plaintiff’s minor in this case regarding the location of the catheter tip has happened to him and he himself has allowed babies to leave the OR when the surgeon expressed satisfaction with the location. His criticism of Dr. Yasuda was that Dr. Yasuda failed to document in his anesthesia record that the tip was in an inappropriate position when Stevenson left the OR. (Deposition of John Arnold, M.D., Exhibit “3,” at 51:23 - 55:22.)
7. Except for his one criticism, Dr. Arnold’s opinions was that Roy Stevenson received “superb care intra-operatively. . . .Dr. Yasuda. . .delivered optimal care.” (Id. at 21:24-22:4.)
8. The mother of Plaintiff’s minor, Rebecca Aldape, who originally brought this suit, testified that none of the defendants acted recklessly or with malicious intent and she did not wish to punish any of the defendants. (Deposition of Rebecca Aldape, Exhibit “4,” at 67:12-68:15.)
9. In the Pretrial Conference Order entered in this case on March 5, 2015, Plaintiff does not include punitive damages as an item of damages or relief sought in this case. (Pretrial Conference Order, Exhibit “5,” at 3.)

* * *

Plaintiff's Experts: Dr. Dane M. Chetkovich, M.D., John H. Arnold, M.D., Marcus Hamansen, M.D., Robert S. Saum, M.D., Gordon Sze, M.D., Jan Klosterman, R.N., Thomas Ireland, Ph.D.

Defendant's Experts: David Tuggle, M.D., William Benitz, M.D., Jerome A. Barakos, M.D., David Siegler, M.D., Sherri Algren MSN, Michael Radetsky, M.D., Patrick Barnes, M.D., David J. Murray, M.D., George Holcomb, M.D., Cathlin Vinett, R.N., John Scarborough, Ph.D.

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