Date: 03-09-1998

Case Style: Linda Frisby, Special Administrator of the Estate of David E. Frisby, Deceased v. J. Stephen Marshall, M.D., and Proctor Hospital

Case Number: 94 L 271

Judge: Bruce Black

Court: Circuit Court

Plaintiff's Attorney: Raymond C. Rose, Kanoski & Associates, Peoria, Illinois

Defendant's Attorney: Roger L. Clayton of Heyl, Royster, Voelker & Allen, Peoria, Illinois for the hospital and Murvel Pretorius, Jr. of Quinn, Johnston, Henderson & Pretorius, for Dr. Marshall.

Description: Medical malpractice - Defendant Marshall (a general surgeon) admitted plaintiff's deceased into Proctor Hospital with a diagnosis of acute pancreatitis. Plaintiff's deceased was placed in ICU. On the evening of the first day of hospitalization, he began experiencing severe alcohol withdrawal symptoms. Dr. Marshall prescribed 50mg doses of librium, prn. The patient had 450mg on the third day of hospitalization and 500mg of librium on the third day of hospitalization. On the fourth day, as the patient improved, the dosage was tapered to 150mg in three separate milligram doses. On the fifth day of hospitalization the patient received one 50mg dose of librium during the early morning. During the afternoon of the fourth day of hospitalization he was transferred out of ICU onto a medical surgical floor. At 10:00 p.m., approximately, on the fifth day of hospitalization he was found in full arrest and could not be revived. The plaintiff alleged over use of librium and death caused by librium toxicity due to alleged respiratory depression. The defense disputed that the patient had experienced respiratory distress. The defendants contended that the time sequence did not fit with respiratory depression caused by librium overdose. Were that a valid explanation for the outcome, the death should have occurred shortly after the heavy administration of librium on the second and third days of hospitalization. The defense contended that the plaintiff's deceased probably experienced a cardiac arrhythmia. This is a known risk with alcohol withdrawal.

Outcome: Not guilty as to all defendants.

Plaintiff's Experts: David Bussey, Atlanta, Georgia (surgeon). Mary I. Jumbelic, Syracuse, New York (served as occurrence as well as expert witness). Dr. Jumbelic performed the autopsy on plaintiff's deceased. She also actively assisted plaintiff's attorney with prosecution of the case. She did, in addition, appear and testify in person. Eric Frow, PhD. (Mixed occurrence and opinion witness). Dr. Frow was the toxicologist who assisted with the autopsy analysis on plaintiff's deceased.

Defendant's Experts: For Proctor Hospital - Barbara Irwin, R.N., (Nursing liability issues). David Spencer, M.D., Minneapolis, Minnesota, (specialist in addiction medicine). For Stephen Marshall, M.D.- Christopher Long, PhD., St.Louis, Missouri (a toxicologist). Jeremiah Crabb, M.D., Peoria, Illinois (pulmonologist). Martin C. Doot, M.D., Park Ridge, Illinois, (family practice physician who specializes in addiction treatment).

Comments: None