EAST ST. LOUIS – U.S. Magistrate Judge Mark Beatty correctly cleared Sparta Community Hospital of liability for the death of Pennsylvania tourist Glenn Lash, Seventh Circuit appellate judges ruled on June 22.
They affirmed the immunity he granted to the hospital as a local public entity.
They found widow Dienna Lash couldn’t overcome immunity for negligent diagnosis by alleging negligent treatment.
“Lash’s own complaint undermines her claim,” Circuit Judge Amy St. Eve wrote.
Glenn Lash traveled to Sparta for trap shooting at age 60, an obese person with high blood pressure and a remote history of smoking.
His breath came up short and his chest hurt, so he went to the hospital.
Staff found his vitals abnormal, and physician Haresh Motwani diagnosed an anxiety reaction.
He prescribed Xanax and instructions.
Lash’s heart stopped the next night.
His widow as estate administrator retained Michael Blotevogel, Roy Dripps, and Charles Armbruster of Maryville.
They filed a complaint against the hospital and Motwani for $20 million, “primarily pecuniary losses,” and $1 million for pain and suffering.
The hospital and Motwani moved for summary judgment.
In response, Lash claimed for the first time that she could hold the hospital liable for actions of nurses.
Beatty rejected the argument, finding she tried to change her theory.
“Plaintiff does not mention or describe any acts directly attributable to a nurse in the complaint,” he wrote.
“In fact, a review of the complaint reveals that plaintiff never uses the word nurse in it, not even once.”
He found allegations of failures to consider different diagnoses, recognize and address abnormalities, evaluate risks, perform tests, and engage in consultations all related to diagnosis.
His judgment of immunity didn’t extend to Motwani as an independent contractor.
He gave the estate a chance to prove that Motwani’s deviations from the standard of care proximately caused Glenn’s injury.
Lash settled with Motwani and appealed Beatty’s decision in favor of the hospital.
Circuit judges heard argument on May 16, and resolved it quickly.
St. Eve found the hospital staff’s measures indicated only incorrect diagnosis.
She found no one at the hospital diagnosed Lash with the disease that proved fatal much less administer treatment for it.
Edward Bott, Caitlin Meyers, and Gino Gusmano, all of the Greensfelder firm in St. Louis, represented Sparta Community Hospital.