Mari Yvonne Davies v. MultiCare Health System, et al.

Seattle, Washington personal injury lawyers represented Plaintiff, who sued Defendants on medical malpractice theory.

On August 23, 2017, Mari Davies was in a single-car rollover accident.

Clerk's Papers (CP) at 52. Emergency responders transported her to the emergency room (E.R.) at Good Samaritan Hospital in Puyallup. Id. at 53. When Davies

arrived at the E.R. she had hypertension, high blood pressure, left shoulder pain,

neck pain, chest pain, abdominal pain, a headache, and some tingling in her left

arm. Id. at 53-54. She also had preexisting kidney stones, diverticulosis,

pneumonia, and diabetes. Id. at 54-55.

Dr. Michael Hirsig evaluated her as soon as she arrived in the E.R. Id. at 55.

Dr. Hirsig ordered computerized tomography (CT) scans of her head, cervical

spine, abdomen, chest, and pelvis. Id. He also ordered an electrocardiogram and X-

rays, among other laboratory tests and blood work. Id. at 55, 73.

Davies' CT scan showed a cervical spine fracture at the C3 level. Id. at 55-

56. Dr. Hirsig therefore consulted by phone with Dr. William Morris, the on-call

neurosurgeon for Good Samaritan Hospital. Id. at 55. Dr. Morris reviewed the

images and noted Davies' C3 fracture; he determined that it did not require

surgery. Id. at 55, 59. Dr. Morris recommended a cervical collar for eight weeks

with a follow-up CT scan to check for healing and alignment. Id. at 59.1

Dr. Hirsig diagnosed Davies with a stable cervical spine fracture. Id. at 56,

72. He then placed Davies in an Aspen collar and had her "ambulate” around the

room to make sure she could be discharged. Id. at 55, 177. He determined that she

had no "neurological symptoms.” Id. at 177. He gave her Percocet (for pain),

Zofran (for nausea), and Flexeril (a muscle relaxant) and told her to schedule a

follow-up with Dr. Morris and her primary care provider, Dr. Andrew Larsen. Id.

at 55, 72, 178. He then discharged her to the care of her family. Id. at 55, 178.

Davies visited her primary care provider, Dr. Larsen, the next day. Id. at 84.

While in his office, Davies exhibited stroke symptoms. She was immediately

transported to the E.R. at Providence St. Peter Hospital. She had, indeed, suffered

a stroke. Id. at 89. Davies now has brain damage and lives in an assisted living

facility. Id. at 63, 67-68.

Davies' stroke was caused by a vertebral artery dissection (VAD) that

occurred at the time of the accident.2 Id. at 89-90. A VAD is typically detected by

a computed tomography angiography (CTA) scan. Id. at 129. A CTA scan involves

injecting the patient with a contrast dye that lights up in a CT scanner to detect any

artery dissections. 5 Verbatim Tr. of Proceedings (VTP) (Oct. 3, 2019) at 762-63.

It is undisputed that Dr. Hirsig did not order a CTA scan for Davies while she was

in the E.R. CP at 551.

We reverse the Court of Appeals and reinstate the trial court’s order

dismissing Davies’ informed consent claim.