Finesse G. Couch, Individually and as Administratrix of the Estate of Carnell Simmons Couch v. Private Diagnostic Clinic and Duke University

Medical Malpractice, Negligence - Ms. Couch brought her ten-year-old son, Carnell, who previously had been diagnosed with nephrotic, to Duke's emergency room after he began experiencing symptoms including swelling, decreased urine output, and shortness of breath. After performing a number of tests on Carnell, including a chest x-ray, the medical personnel diagnosed his condition as a relapse of his nephrotic syndrome, treated him with several drugs, and discharged him to the care of his parents. On 10 December 1991, Carnell was again brought to Duke's emergency room complaining of a shortness of breath, coughing, and vomiting. This time, however, he was admitted to the hospital and given numerous tests including chest x-rays and two electrocardiograms ("EKGs"). An initial x-ray on 10 December 1991 led to a diagnosis of pneumonia, but the second x-ray on 14 December 1991 was reported to reveal that his lung anomaly had begun to resolve. Further, the first EKG on 13 December 1991 was characterized as "a very strange looking EKG" suggesting that this test be repeated. The second, however, was interpreted as normal. Thereafter, on 15 December 1991, Carnell was discharged from Duke. While at home on 13 February 1992, Carnell died. An autopsy established the cause of death as in situ pulmonary artery thrombosis, meaning that one or more blood clots had developed and blocked the main artery leading from the heart to the lungs. Some of the blood clots were determined to be months old, while others were years old. Couch alleged that the medical providers negligently: (1) failed to examine, assess, and treat Carnell in an appropriate and timely manner and, (2) failed to appropriately diagnose the extent and urgency of Carnell's condition.

Plaintiff's Verdict - the jury determined that the medical doctors who treated Carnell were agents of Duke and that Carnell's death was caused by the negligence of both the Private Diagnostic Clinic and Duke. Damages were assessed at $2,501,150.00.

Unknown

Unknown

Defendants moved for judgment notwithstanding the verdict (JNOV) which the trial court denied. Affirmed in part and reversed in part by the Court of Appeals of North Carolina. See 515 S.E.2d 30 (N.C.App. 1999). Note that the above cited date is the date of the appellate decision and not the trial date. Reported by C.H.