Howe v. Hull

874 F.Supp. 779 (1994)

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Nature of the Case

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Facts

Charon was HIV positive. Charon took Floxin, a prescription antibiotic drug. Within two hours Charon began experiencing fever, headache, nausea, joint pain, and redness of the skin. After consulting with Charon's treating physician in Maine, Charon went to the emergency room of Fremont Memorial Hospital. Dr. Mark Reardon examined him. Reardon thought Charon had Toxic Epidermal Necrolysis (TEN). Dr. Reardon had no prior experience with TEN, other than what he had read in medical school. P's medical expert, Calabrese, testified that, after reviewing the medical records and Reardon's deposition, Calabrese 'did not believe that [TEN] was the likely or even probable diagnosis. . . .' Dr. Reardon called Dr. Lynn at the Medical College of Ohio and asked if he would accept the transfer of Charon. Dr. Lynn testified that at no time did Dr. Reardon mention that Charon had been diagnosed with the extremely rare and deadly TEN. Dr. Reardon did not inform the ambulance emergency medical technicians that Charon was suffering from TEN. Dr. Reardon determined that Charon ' needed to be admitted.' to Memorial Hospital. Charon was from out of town, and it was the responsibility of the on-call physician, D to do the admission. Dr. Reardon spoke with D on the telephone and informed him that he wanted to admit Charon, who was HIV-positive and suffering from a non-AIDS-related severe drug reaction. Their discussion centered on whether Charon had an advanced form of HIV to full-blown AIDS. D did not inquire about Charon’s physical condition nor vital signs, nor did he ask Dr. Reardon about the possibility of TEN. D told Dr. Reardon that 'if you get an AIDS patient in the hospital, you will never get him out,' and directed that Charon be sent to the 'AIDS program' at MCO. D arrived at the hospital after Dr. Reardon's shift but prior to Charon's transfer. D did not attempt to examine or meet with Charon. Charon was admitted to the Medical College and treated, but not for a TEN diagnosis. P sued Ds. Both sides moved for summary judgment. Charon was never admitted to Memorial Hospital. The parties dispute whether Charon's physical condition was stable at the time of transfer and whether Charon's physical condition deteriorated during the transfer. Charon was not diagnosed by MCO personnel as having TEN and, in fact, was never examined by a dermatologist.