Gourley Ex Rel. Gourley v. Nebraska Methodist Health System, Inc.

663 N.W.2d 43 (2003)

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Nature of the Case

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Facts

Lisa received prenatal care from Knolla, an obstetrician and gynecologist employed with the OB/GYN Group. In the 36th week of her pregnancy, Lisa informed Knolla that she noticed less movement from the twin fetuses she was carrying. Knolla assured Lisa that this was common and that everything appeared to be normal. Two days later, Lisa called the OB/GYN Group to again report a lack of fetal movement and was told to come to the office to meet with Dietrich. Dietrich's examination revealed that one of the fetuses suffered from bradycardia, a decrease in the fetus' heart rate, and a lack of amniotic fluid. Dietrich instructed Lisa to proceed to Methodist Hospital for examination by Robertson, who was employed by Perinatal Associates. Robertson determined that an immediate cesarean section should be performed. Colin and his twin brother, Connor, were delivered. Colin was born with brain damage and currently suffers from cerebral palsy and significant physical, cognitive, and behavioral difficulties. Ps filed suit alleging that Knolla and the OB/GYN Group failed to monitor Lisa and Colin while they were under their care. The hospital moved for a directed verdict. The court granted the motion and dismissed Methodist Hospital. The jury awarded $5,625,000. Ps moved for a new trial, arguing that the court erred in granting a directed verdict to Methodist Hospital. The jury found for Dietrich, Robertson, Sleder, and Perinatal Associates, and the court later dismissed them from the case. The district court then reduced the jury's award and entered judgment for P and against Knolla and the OB/GYN Group, jointly and severally, in the amount of $1,250,000. The court found that § 44-2825(1) was constitutional. Ps filed a second motion for new trial, contending that the cap on damages [ imposed by § 44-2825 is unconstitutional because it violates their rights to (1) equal protection; (2) a jury trial; (3) an open court and full remedy; (4) substantive due process; and (5) life, liberty, and the pursuit of happiness. Eventually, the court reversed its decision and concluded that the cap on damages in § 44-2825(1) violated equal protection under Neb. Const. art. I, § 3. The court also concluded that § 44-2825(1) violated Ps' right to a jury trial under Neb. Const. art. I, § 6. The court found that § 44-2825(1) was severable from the rest of the act. The court vacated its previous order and entered judgment for Ps and against Knolla and the OB/GYN Group, jointly and severally, in the full amount of $5,625,000. Ds appealed.