Lagerstrom v. Myrtle Werth Hospital-Mayo Health System

700 N.W.2d 201 (2005)

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Nature of the Case

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Facts

Vance H. Lagerstrom, the decedent, was 87 years old when he fell and broke his hip. He was admitted to D, and within two days following hip replacement surgery, the family doctor noted some congestion in the decedent's lungs and a fever. A chest x-ray showed no acute damage to the lungs. A duty doctor decided to insert a feeding tube to ensure that the decedent was getting the proper nutrients. The feeding tube was misplaced, reaching into the passageway of the decedent's lung rather than into his stomach. Eight ounces of a nutrient-laden drink, Ensure, was pumped through the feeding tube directly into the decedent's left lung. The decedent was transferred to the critical care unit, then to Luther Hospital, and then to Lakeside Nursing Home. The decedent remained on a ventilator and was re-admitted to Luther Hospital with a fever, despite treatments with antibiotics. After his fever was controlled, the decedent was returned to Lakeside Nursing Home. The decedent's situation was deteriorating. He was taken off the ventilator but was taken to the emergency room of St. Joseph's with joint pain. The decedent then returned to Lakeside Nursing Home. He then began having problems, including hallucinations. He died on February 24, 2001. The death certificate listed the cause of death as pneumonia. The decedent's wife initiated a wrongful death medical malpractice action as the surviving spouse and as the special administrator of the decedent's estate. Communications from Medicare indicated that Medicare would rely on its statutory right to reimbursement. Medicare was therefore not joined in the action. P introduced evidence about the reasonable value of the medical services rendered to the decedent. The amount was approximately $89,000. Ds', over P's objections, presented evidence about Medicare payments. The circuit court instructed the jury that the estate's total out-of-pocket expense for medical services was $755. The jury was also instructed that it may reduce the amount awarded for the reasonable value of medical services by the amount of collateral source payments. The circuit court limited P's argument to the jury regarding P's obligation to reimburse Medicare. The estate could not argue that the estate had potential liability to Medicare. P was forced to argue that the estate could, if it wished, voluntarily repay Medicare. P was awarded $20,000 for the decedent's pain and suffering and awarded the surviving spouse $35,000 for the loss of society and companionship. The jury awarded $755 for medical expenses and nothing for funeral expenses. P appealed.