Pirdair v. Medical Center Hospital of Vermont

Plaintiffs appeal from the judgment of the superior court
following a jury verdict in favor of defendants on their claim for medical malpractice. Plaintiffs Sandra Baird, the administrator of the estate of Ahmad Sharifian and guardian for Mr. Sharifian's wife, Soozan Pirdair, and
Mary Kehoe, the guardian of Mr. Sharifian's son Boback Sharifian, pursued a claim brought against defendants Dr. Bela Ratkovits, Associates in Radiology and Fletcher Allen, as successor in interest to Medical Center Hospital of Vermont, for failing to detect a subdural hematoma that resulted from a car accident involving Mr. Sharifian. (FN1) Plaintiffs argue the trial court erroneously denied their motions for a new trial based on newly discovered evidence and based on their contention that the verdict was against the great weight of the evidence. Plaintiffs also
argue that the trial court committed reversible error by admitting certain statements of Mr. Sharifian made prior to his death. We affirm.

The following facts are undisputed. Mr. Sharifian, his wife and son were involved in a car accident on July 3, 1994. He was brought to Medical Center Hospital of Vermont and treated for various injuries, including a broken leg and contusions on his head, as well as a fracture of one of the vertebrae in his neck. He was also given a CAT scan that day because of concern regarding a head injury. The CAT scan was then evaluated on July 5 by Dr. Ratkovits of Associates in Radiology, which contracted with MCHV to read the hospital's CAT scans. Although the CAT scan showed signs of a small subdural hematoma on the right side of Mr.
Sharifian's head, Dr. Ratkovits did not detect it. MCHV continued to treat Mr. Sharifian for his other injuries.

On July 7, Mr. Sharifian fell to the floor after using a walker to get to the bathroom in the hospital room he shared with his wife, who was also being treated for a broken vertebra from the accident. When hospital personnel responded to a scream from his wife, they found him in a non-responsive state on the floor, with his head against the wall. A CAT scan revealed a large subdural hematoma on the right side of his head, and Mr. Sharifian was rushed to surgery. Surgery revealed two ruptured veins in Mr. Sharifian's brain. Despite the surgery, Mr. Sharifian uffered severe brain damage and remained in a coma for fifteen months before he was finally taken off life support in September 1995. Ms. Pirdair brought suit against defendants as the administrator of her husband's estate, on behalf of the couple's son and on behalf of herself. Eventually, she was replaced as administrator of the estate, and a guardian ad litem was appointed for both her and her son as the toll of the events had rendered her unable to proceed on her own. The case proceeded to trial, which resulted in a jury verdict in favor of defendants. Plaintiffs now appeal.

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Affirmed for Defendants.

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C.L.