Rathje v. Mercy Hospital

745 N.W.2d 443 (2008)

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Facts

On March 19, 1999, Ps admitted their sixteen-year-old daughter, Georgia (P), to an outpatient alcohol abuse treatment center at D. The treatment plan called for the administration of a drug called Antabuse. This drug causes the body to produce an alcohol sensitivity that results in a highly unpleasant reaction to the ingestion of beverages containing alcohol. Georgia (P) was to receive a liquid dose of Antabuse, administered by a nurse at D, twice each week. Around a week later, Georgia (P) began to feel sick and nauseated. She also began to experience cramps and was constipated. The nurse suggested she consume food prior to taking Antabuse in the future. On April 5, Ps contacted the family's physician, Dr. Jerome Janda, to report Georgia (P) was nauseated and frequently expelled an acid-like fluid from her stomach. Dr. Janda examined Georgia (P), and ordered an upper gastrointestinal test. The results of the test were consistent with peptic disease and duodenitis, but revealed no definite ulcer or reflux disease. Dr. Janda prescribed medication for Georgia's (P) stomach pain. On April 20, Georgia (P) would not eat or drink. She was suffering from abdominal pain and was vomiting a green substance. She was also fatigued. Ps reported these symptoms to a nurse in Dr. Janda's office. On April 23, Georgia (P) was seen by Dr. Janda with continued complaints of nausea and constipation. Dr. Janda ordered X-rays, together with a liver function test, a blood test, and a test used to diagnose various intestinal diseases and problems. The X-rays were taken, but the other tests were not performed due to a mix-up. On April 26, Georgia (P) returned to Dr. Janda's office. She had been bedridden, nauseated, vomiting, and constipated. Dr. Janda noticed Georgia's (P) skin color was 'mildly yellow or jaundiced and the whites of her eyes were yellowish or icteric.' He again ordered the prior tests and added a test to determine the presence of any inflammation. The blood tests were performed by the hospital lab, with abnormal results. Dr. Janda informed Ps of the test results, and Georgia (P) was admitted to St. Luke's Hospital on April 27. A CAT scan revealed some enhancement of the gallbladder wall and some fluid around the gallbladder, but no other abnormalities. The surgeon then consulted with a gastroenterologist. The gastroenterologist determined the jaundice and elevated liver enzymes experienced by Georgia were secondary to hepatitis. He believed Georgia's (P) condition might be a 'drug-induced hepatitis secondary to Antabuse.' He recommended Georgia (P) stop taking all prior medications. Georgia (P) was discharged and readmitted on April 29. She still appeared jaundiced, and her condition continued to deteriorate over the passing days. On May 5, she was transferred to the University of Iowa Hospitals and Clinics Pediatric Intensive Care Unit. She later received a liver transplant as a result of end-stage liver disease secondary to Antabuse. On April 26, 2001, Ps filed a petition against Ds. Ds claimed the statute-of-limitations defense and moved for summary judgment based on the two-year statute of limitations. Ds claimed the statute of limitations began to run when Georgia (P) began to experience symptoms of her injury prior to April 26, 1999. Ps claimed the statute of limitations began to run when Georgia (P) learned after April 26, 1999, that her liver was irreversibly damaged, or, at the earliest, when her condition worsened on April 26, 1999, to include symptoms of jaundice. The court found that Georgia's (P) injury had physically manifested itself well prior to April 26, 1999, more than two years before Ps filed suit. Ps appealed.

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