National Verdicts

Plaintiff(s):

Terrence H. Fountaine (Male, 30s), 

Estate of Karla Fountaine (Male, 34 Years)

Plaintiff Attorney(s):

Dwight D. Brannon;
Brannon & Associates;
Dayton,
OH,
for
Terrence H. Fountaine, Estate of Karla Fountaine

Plaintiff Expert(s):

R. Baker; M.D.; Obstetrics; Dayton,
OH called by:
Dwight D. Brannon ■ John Burke; Jr., Ph.D.; Lost Earnings (Economics); Cleveland,
OH called by:
Dwight D. Brannon ■ Mark Cohen; M.D.; Anatomic Pathology; Cleveland,
OH called by:
Dwight D. Brannon ■ Mary Case; M.D.; Forensic Pathology; St. Louis,
MO called by:
Dwight D. Brannon ■ Frank Manning; M.D.; OB-GYN; Scarsdale,
NY called by:
Dwight D. Brannon ■ James Lenhart; M.D.; Sports Medicine; Gig Harbor,
WA called by:
Dwight D. Brannon ■ James Abrahams; M.D.; Neuroradiology; New Haven,
CT called by:
Dwight D. Brannon ■ Kevin Ferentz; M.D.; Family Medicine; Baltimore,
MD called by:
Dwight D. Brannon ■ Harlan Giles; M.D.; Obstetrics; El Paso,
TX called by:
Dwight D. Brannon ■ Bradford Kleinman; M.D.; Pregnancy; Silver Spring,
MD called by:
Dwight D. Brannon

Defendant(s):

Lauri Guilliford RN, 

Cheryl A. Gill, D.O., 

Good Samaritan Hospital, 

Premier Health Partners, 

Advanced Family Practice Inc., 

Anthem Blue Cross and Blue Shield

Defense Attorney(s):

Neil F. Freund;
Freund, Freeze & Arnold;
for
Cheryl A. Gill, D.O., Advanced Family Practice Inc. ■ John F. Haviland Jr.;
Bieser, Greer & Landis LLP;
Dayton,
OH,
for
Lauri Guilliford RN, Good Samaritan Hospital, Premier Health Partners ■ Shannon K. Bockelman;
Freund, Freeze & Arnold;
Dayton,
OH,
for
Cheryl A. Gill, D.O., Advanced Family Practice Inc. ■ Kenneth J. Rubin;
Vorys, Sater, Seymour and Pease LLP;
Columbus,
OH,
for
Anthem Blue Cross and Blue Shield ■ Martha Brewer Motley;
Vorys, Sater, Seymour and Pease LLP;
Columbus,
OH,
for
Anthem Blue Cross and Blue Shield

Defendant Expert(s):

Baha Sibai;
Obstetrics;
Houston,
TX called by:
Neil F. Freund, Shannon K. Bockelman ■ Mark Landon;
OB-GYN;
Columbus,
OH called by:
Neil F. Freund, Shannon K. Bockelman ■ Joseph Berger;
Neurology;
Philadelphia,
PA called by:
Neil F. Freund, Shannon K. Bockelman ■ Steven Eisinger;
OB-GYN;
Rochester,
NY called by:
Neil F. Freund, Shannon K. Bockelman

On March 4, 2009, plaintiff’s decedent Karla Fountaine, 34, who was hospitalized at Good Samaritan Hospital due to complications in her pregnancy, experienced what was then recognized and treated as preeclampsia. Cascading complications resulted in her death, pronounced at 5:10 p.m. after CT scans detected no brain flow and lifesaving measures were discontinued. Fountaine’s unborn child had been successfully delivered hours earlier by C-section. Fountaine’s husband, individually and as representative of Karla’s estate, brought a medical malpractice lawsuit against Good Samaritan Hospital and its ownership entity, Premier Health Partners; nurse Lauri Guilliford RN; and Karla’s primary obstetrician, Cheryl A. Gill, D.O., as well as Gill’s practice entity, Advanced Family Practice Inc. Also included in the lawsuit was Anthem Blue Cross and Blue Shield, against whom negligence was alleged and a violation of Ohio Rev. Code §§ 1751.73-75. Anthem filed a Motion for Judgment on the Pleadings, which was granted in full and all claims against Anthem were dismissed. Good Samaritan, Premier Health Partners and Guilliford were also dismissed prior to trial. Karla Fountaine had been a patient of Cheryl Gill, D.O. since 1999. From 1999 until 2009, Dr. Gill had monitored Fountaine’s blood pressure regularly. During that 10-year period of time Fountaine’s blood pressure averaged 105/63. In February 2009, Fountaine was under the treatment of Dr. Gill for pregnancy. Dr. Gill was a board-certified family physician who had minor privileges to deliver uncomplicated pregnancies at Good Samaritan Hospital. Good Samaritan Hospital maintains a policy entitled Consultation in the Obstetrics Department that details what is considered minor obstetrics and when consultation by an obstetrician is required. On Feb. 26, 2009, Dr. Gill saw Fountaine in her office for her regular prenatal visit. Fountaine advised Gill that she had a headache and a cough. At that time, her blood pressure had increased to 130/90 and her weight gain since her last visit had been 8.6 lbs. She was advised to return to see Dr. Gill in two weeks. On Feb. 28, 2009, Fountaine contacted Dr. Gill and reported that she had acute vaginal bleeding and a headache. Dr. Gill directed Fountaine to go to the emergency room at Good Samaritan Hospital. She was subsequently admitted to Good Samaritan Hospital on Feb. 28, 2009 with a diagnosis of a potential placental abruption. An ultrasound revealed oligohydramnios, intrauterine growth restriction and a Grade II placenta. During her admission, Fountaine experienced repeated high blood pressure readings, headaches, variable and late decelerations, a D-Dimer reading of 26442, and dropping platelets. A repeat ultrasound again revealed oligohydramnios and intrauterine growth restriction. The suit alleged that at no time during her hospitalization did Dr. Gill obtain a consultation with an obstetrician as she was required to do by the hospital policy. On the morning of March 3, 2009, Karla Fountaine was discharged from Good Samaritan Hospital and was advised to go to Miami Valley Hospital and obtain an ultrasound. Dr. Gill had spoken with the doctor who was going to perform the ultrasound prior to Fountaine’s discharge and advised him by phone and subsequently in writing that she wished him to evaluate the oligohydramnios and intrauterine growth restriction. According to the plaintiff, no other information was provided to that doctor. Dr. Gill further advised Fountaine to call her that evening after the ultrasound was performed. On the evening of March 3, 2009 at approximately 6:00 p.m., Terry Fountaine called Dr. Gill on his wife’s behalf and advised her that Karla was vomiting and had abdominal pain and headaches. Dr. Gill reportedly advised Mr. Fountaine to call her back in one hour, which he did. At that time, Mr. Fountaine said he was told to take his wife to the hospital. Karla Fountaine returned to Good Samaritan Hospital at 8:59 p.m. on March 3, 2009. Her blood pressure was 128/103. At 9:30 p.m., her blood pressure was 155/100. She was allegedly grimacing, complaining of a headache front to back that was constant and throbbing, and had facial edema and vomiting. Dr. Gill, who was contacted by the nurse, ordered that Fountaine be admitted to the hospital for observation. However, Dr. Gill reportedly did not request an evaluation by an obstetrician, although there was an obstetrician on the floor at the time, nor did Dr. Gill come to the hospital to evaluate her patient. Per the plaintiff, Dr. Gill did not come to the hospital to evaluate her patient from the time she was admitted until approximately 4:31 a.m. on March 4, 2009. The suit alleged that Fountaine continued to have elevated and labile blood pressure, along with headaches. Although the nurse contacted Dr. Gill again, the plaintiff claimed Dr. Gill still did not come to the hospital to see her patient or ask for evaluation by an obstetrician or any other physician. On March 4, 2009 at 3:15 a.m., upon entering Fountaine’s room, the nurse reportedly found Fountaine with her head hanging over the bed, having vomited, and in an obtunded state. The ACT team was called and an obstetrician who had been present on the floor the entire time was called to evaluate Fountaine. The obstetrician arrived and ordered magnesium sulfate, a medication given for patients with preeclampsia, and hydralazine for her blood pressure. The obstetrician diagnosed Fountaine with eclampsia and immediately transported her to the operating room for delivery of her baby boy by C-section. Fountaine remained unresponsive. A CT scan was performed and confirmed a massive intracranial hemorrhage. A brain scan was subsequently performed which showed lack of brain flow. At 5:10 p.m. on March 4, 2009, medications were discontinued and Karla Fountaine was pronounced dead. The lawsuit claimed that Dr. Gill egregiously deviated from the accepted standards of medical care and, as a result, Fountaine suffered severe and permanent injuries resulting in her death. The lawsuit further claimed that Dr. Gill was unjustly enriched and that Fountaine’s estate was entitled to complete reimbursement for all services rendered by her. The lawsuit additionally alleged that Dr. Gill materially misrepresented to Karla Fountaine that she was experienced and trained in the treatment of all her obstetrical conditions and fraudulently concealed from Fountaine that her ability to practice obstetrics was restricted to minor obstetrics in accordance with the Good Samaritan Hospital policy. The lawsuit also claimed that Dr. Gill was guilty of constructive fraud, was totally inadequately trained and inexperienced to treat Karla Fountaine, and abandoned her patient by failing to adequately diagnose and treat her condition or refer her to an obstetrician who could provide treatment to her. The defense argued that Dr. Gill met the standard of care applicable in this case. The defense pointed to the fact that Dr. Gill was credentialed to practice obstetrics at Good Samaritan Hospital. Also, the defense contended that Fountaine’s blood pressure values were never sustained and never reached a level which would require Dr. Gill to consult an obstetrician before the event that took place at 3:15 a.m. on March 4, 2009. Additionally, the defense maintained that Dr. Gill did, in fact, consult with a board-certified obstetrician and maternal-fetal medicine expert who ordered continued antepartum testing and induction at 39 weeks, and that Dr. Gill appropriately instructed Fountaine to return to the hospital so that she could be monitored. The defense argued that Fountaine’s complications and death were unforeseeable. The defense contended that Fountaine’s blood pressure values were labile and not consistent, her blood pressure never reached a severe level of hypertension and Dr. Gill had no knowledge of Fountaine’s family history of stroke. The defense responded to the allegation that Fountaine was preeclamptic and had an eclamptic seizure by arguing that this was not a seizure and Fountaine never met the criteria for preeclampsia. Additionally the defense argued that the evidence demonstrated that, more likely than not, this was a ruptured aneurysm in a patient with a family history of stroke. A July 2015 trial date was postponed when Dr. Gill was diagnosed with Stage II breast cancer that required aggressive treatment. Dr. Gill died from that disease in January 2016. The trial proceeded against her estate and medical practice as to all issues. In addition to the medical malpractice claims, the suit included allegations of misrepresentation as to Dr. Gill’s medical skills. The ultimate issues considered by the jury were whether Dr. Gill deviated from accepted medical procedures and practices and whether such deviations proximately caused the patient’s complications and resulting death.

Fountaine allegedly died from complications of preeclampsia that caused a major intracranial hemorrhage. She was survived by her husband, newborn infant and two other minor children. The defense disputed the cause of death.

The jury found that the negligence of Cheryl Gill, D.O and Advanced Family Practice, Inc. was a direct and proximate cause of Karla Fountaine’s death. The jury awarded compensatory damages of $6,067,830.10, which included $2,149,378 for the loss of support from the reasonably expected earning capacity of Karla Fountaine; $801,547 for loss of services of Karla Fountaine; $2,250,000 for loss of society of Karla Fountaine including companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education suffered by the surviving spouse, children, parents, and next of kin; $0 for loss of prospective inheritance of Karla Fountaine’s heirs at law at the time of her death; $860,000 for mental anguish incurred by the surviving spouse, children, parents, and next of kin; and $6,905.10 for reasonable funeral and burial expenses. The award was reduced to $900,000 pursuant to a high/low agreement.

Estate of Karla Fountaine: $2,149,378 Personal Injury: Future Lost Earnings Capability; $801,547 Personal Injury: Loss of Services; $2,250,000 Personal Injury: Loss of Society; $6,905 Personal Injury: Funeral Expenses; Terrence H. Fountaine: $860,000 Personal Injury: Mental Anguish

Actual Award:

$900,000

Judge:

Gregory F. Singer

Trial Length:

7
 days

Trial Deliberations:

4
 hours

Jury Vote:

8-0

This report is based on information that was provided by plaintiff’s and defense counsel.