Justia Health Law Opinion SummariesArticles Posted in Oklahoma Supreme Court
Ezzell v. Lack
Voters in the City of Enid presented a recall petition to City of Enid officials. The petition sought to recall plaintiff-appellant, City Commissioner Ben Ezzell for his support of a city wide mask mandate to combat the COVID epidemic. Ezzell objected to the recall petition, alleging that because the recall petition did not comply with the requirements of 34 O.S. 2011 section 3 and 34 O.S. Supp. 2015 section 6, which related to signature collection, the recall petition was insufficient. After a hearing, the trial court denied Ezzell's protest and determined that the petition was sufficient under the City Charter of Enid recall process. Ezzell appealed. The Oklahoma Supreme Court held there was no conflict between the City Charter recall process, and the additional state requirements of 34 O.S. 2011 sec. 3 and 34 O.S. Supp. 2015 sec. 6, the state statutes governed, but were not properly followed. The recall petition was therefore insufficient on its face pursuant to Clapsaddle v. Blevins, 66 P.3d 352, and its predecessors. View "Ezzell v. Lack" on Justia Law
Shawreb v. SSM Health Care of Oklahoma
Plaintiffs filed a negligence action based upon the alleged acts of defendants when one of the plaintiffs was staying in a hospital after surgery and received a burn from spilled hot water. The district granted defendants' motion to strike plaintiffs' witness list and defendants' motion for summary judgment. Plaintiffs appealed and the Court of Civil Appeals. After its review, the Oklahoma Supreme Court held the trial court erred in granting summary judgment striking the list of trial witnesses when plaintiffs were not provided time to respond to the motion to strike as granted by District Court Rule 4. Judgment was reversed and the matter remanded for further proceedings. View "Shawreb v. SSM Health Care of Oklahoma" on Justia Law
Williams v. Meeker North Dawson Nursing, LLC
The estate of an individual that died as a result of an injury incurred while being a patient of a nursing home sued the nursing home facility in a wrongful death action. The district court entered default judgment for Plaintiff after Defendant failed to file a response or appear in court multiple times. Over 200 days later, Defendant filed a petition to vacate default judgment and the petition was granted. Plaintiff appealed the ruling, and the Court of Civil Appeals (COCA), affirmed the trial court's decision. The Oklahoma Supreme Court concluded it was "patently clear" Defendant's arguments for the Petition to Vacate Judgment as to liability was without merit. "[The Nursing Home] Meeker was given a multitude of opportunities to respond to the litigation, but failed to respond to a single instance for 280 days after the initial service of process. Meeker failed to respond to any service of process or appear at any hearing, and did not have an argument with merit to support the inability to respond to the litigation." Accordingly the Supreme Court vacated the opinion of the Court of Civil Appeals, reversed the trial court's judgment granting the Petition To Vacate Judgment as to liability, and remanded this matter for a trial on damages. View "Williams v. Meeker North Dawson Nursing, LLC" on Justia Law
Barrios v. Haskell County Public Facilities Authority
Russell Foutch and Randall Barrios died while incarcerated in Oklahoma jails: Barrios by his own hand; Foutch from complications related to pneumonia. Their estates sued the respective jails, one sheriff, and various employees and healthcare contractors of those jails. Their claims included: (1) federal civil rights claims under 42 U.S.C. 1983 alleging violations of the Eighth and Fourteenth Amendments of the federal constitution; (2) negligence and wrongful death claims; (3) negligent conduct, training, hiring, and supervision claims; and (4) tort claims alleging violations of rights guaranteed by Sections 7 and 9 of Article II of the Oklahoma Constitution. Two federal courts certified questions of law to the Oklahoma Supreme Court: (1) the Governmental Tort Claims Act renders the State immune from any tort suit arising out of the "[p]rovision, equipping, operation or maintenance of any prison, jail or correctional facility." Do Sections 7 and 9 of Article II of the Oklahoma Constitution nonetheless allow an inmate to bring a tort claim for denial of medical care? and (2) if so, is the private cause of action to be recognized retrospectively? Responding required the Court to determine whether to extend the holding in Bosh v. Cherokee County Governmental Building Authority (305 P.3d 994) to include tort claims brought by inmates alleging violations of their rights to due process and to be free from cruel or unusual punishments. The Oklahoma Legislature responded to Bosh by amending the Governmental Tort Claims Act ("GTCA"), 51 O.S. 151 et seq., to clarify that the State's immunity from suit extended even to so-called "constitutional" torts. The Court, therefore, answered the first certified question "no," and did not reach the second question. View "Barrios v. Haskell County Public Facilities Authority" on Justia Law
Cates v. Integris Health, Inc.
Plaintiff-appellant Elizabeth Cates was a former patient of defendant-appellee Integris Health, Inc.’s medical facility and claimed defendant wrongfully billed her, and others like her, for services. She filed this action in state court, alleging state-law claims for breach of contract, violation of the Oklahoma Consumer Protection Act, and deceit. Defendant successfully moved to dismiss these claims on the ground that they were expressly preempted by the federal Employee Retirement Income Security Act. On appeal, the Oklahoma Supreme Court reversed and held that plaintiff’s claims were not preempted. The case was returned to the trial court for further proceedings. View "Cates v. Integris Health, Inc." on Justia Law
John v. St. Francis Hospital
In 2012, petitioners Saint Francis Hospital, Inc., Neurological Surgery, Inc., and Douglas Koontz, M.D. performed decompressive laminectomies of respondent Johnson John’s spine at the C2-3, C3-4, C4-5, C5-6 and C6-7 regions. After the operation, respondent allegedly became partially paralyzed, suffered constant pain, was hospitalized for four months and submitted to additional medical treatment. Respondent filed suit against petitioners in 2016, alleging negligence, gross negligence, medical malpractice and sought punitive damages for petitioners’ failure to render reasonable medical care, breach of the duty of care owed and respondent’s resulting injuries. In commencing the action, respondent failed to attach an affidavit of merit to the Petition or otherwise comply with Okla. Stat. tit. 12, section 19.1. In lieu of answer, petitioners filed their respective motions to dismiss and asserted, among other things, respondent’s failure to include the statutorily required affidavit of merit or, in the alternative, obtain a statutorily recognized exception. Respondent averred that the statutory directive unconstitutionally restrained a litigant's right to access the courts and was an unconstitutional special law. The district court provided notice to the Attorney General's office concerning the challenged statute. As intervenor, the Attorney General essentially urged the district court to enforce the affidavit requirements. The district court ultimately overruled petitioners’ motions to dismiss, and rejected respondent’s special law challenge. The court determined that section 19.1 unconstitutionally imposed a substantial and impermissible impediment to access to the courts, and this barrier was unconstitutional regardless of the financial worth of a litigant and was not cured by exercising the indigent from this burden. The Oklahoma Supreme Court agreed with the district court’s ruling, and found section 19.1 was an impermissible barrier to court access and an unconstitutional special law. Section 19.1 was therefore stricken. View "John v. St. Francis Hospital" on Justia Law
Cates v. Integris Health, Inc.
Plaintiff-appellee Elizabeth Cates filed on her behalf and a putative class asserting claims against the defendant-appellee INTEGRIS Health, Inc. for breach of contract, violation of the Oklahoma Consumer Protection Act, deceit, specific performance, and punitive damages. INTEGRIS successfully moved to dismiss the claims based on the ground that they are all preempted by the Employee Retirement Income Security Act. Cates appealed. Because the trial court in this matter did not take into consideration the federal Tenth Circuit Court of Appeals’ decision in Salzer v. SSM Health Care of Oklahoma Inc., 762 F.3d 1130 (10th Cir. 2014), which was factually similar to the facts of this case and found that the plaintiff’s claims were not preempted, the Oklahoma Supreme Court reversed and remanded the trial court in this matter for reconsideration in light of Salzer. View "Cates v. Integris Health, Inc." on Justia Law
Burns v. Cline
The issue this case presented for the Oklahoma Supreme Court's review centered on the constitutionality of SB 1848, passed by the Legislature and signed into law by the Governor on May 28, 2014. The effective date of the legislation was November 1, 2014. This legislation contained one section with twelve separate and unrelated sub-sections, A to L. "Under the guise of the protection of women's health," SB 1848 required an abortion facility to have a physician on premises who also has hospital admission privileges within thirty miles of the facility, on any day an abortion is performed. The Supreme Court reversed the district court's findings and held the statute unconstitutional because it created an undue burden on a woman's access to abortion, violating protected rights under the federal Constitution, and also under the Oklahoma single subject rule. View "Burns v. Cline" on Justia Law
Nelson v. Enid Medical Associates, Inc.
The issue this medical malpractice action presented for the Supreme Court's review centered on orders excluding testimony from plaintiffs' two expert witnesses and a summary judgment granted to defendants based upon the excluded testimony. Mrs. Nelson went to the Emergency Department of St. Mary's Regional Medical Center seeking medical assistance on the evening of July 21, 2006. The emergency room physician, Dr. Vaughan, ordered diagnostic tests, diagnosed an incarcerated hernia with possible bowel obstruction, and attempted to reduce the hernia. Dr. Vaughan telephoned Dr. Shepherd, Mrs. Nelson's internist and primary care provider. Dr. Shepherd instructed Dr. Vaughan to telephone Dr. Shreck, a surgeon. Dr. Shreck came to the hospital, reduced Mrs. Nelson's hernia, and she was admitted to the hospital. The medical record indicated Dr. Shreck reduced Mrs. Nelson's incarcerated hernia by manipulation. Mrs. Nelson became septic, went into septic shock during the morning of July 22nd, and she had a cardiac arrest while being prepared for surgery to address a perforated or dead bowel. She was resuscitated. After the surgery, Mrs. Nelson was given medicines to raise and control her blood pressure. Dr. Shepherd then switched Mrs. Nelson's medication to vasopressin. At approximately 11:00 p.m., Mrs. Nelson's blood pressure started to fall, her pulse became unstable and she died. A medical malpractice action was brought against Mrs. Nelson's medical providers for her last illness. Dr. Shepherd and Enid Medical Associates moved to exclude the proposed testimony of plaintiffs' two expert witnesses. They argued each witness had not provided legally proper testimony on the issue of the cause of Mrs. Nelson's demise because the testimony did not satisfy the requirements of "Daubert v. Merrell Dow Pharmaceuticals, Inc.," (509 U.S. 579 (1993)). The two defendants also sought summary judgment because the causation element of the malpractice claim action was missing from plaintiffs' claim. After review, the Supreme Court held that the opinions of the two witnesses on the issue of causation satisfied the requirements of 12 O.S. 2702, and reversed the summary judgment granted by the District Court. View "Nelson v. Enid Medical Associates, Inc." on Justia Law
Pierson v. Joplin
In 2007, Lahoma Pierson Hall (Ms. Hall) died in the care of hospice after a seven-day stay in AHS Tulsa Regional Medical Center (Hospital). On March 20, 2009, Appellants Kenneth Pierson, and Paula Taylor, (Ms. Hall's son and granddaughter) filed a petition (Pierson I), against the Hospital stating claims on their own behalf. After amending the petition several times, Appellants filed their fourth amended petition on October 23, 2009. Appellants stated therein "[t]he plaintiffs are not pleading to have the court act on Ms. Lahoma Hall's rights for relief for actions such as medical malpractice or wrongful death." On February 24, 2010, the trial court dismissed the petition in Pierson I without prejudice for failure to state a claim. Appellants filed "Pierson II" in 2012, appealing the dismissal of their wrongful death case. In early 2013, the Court of Civil Appeals affirmed the trial court's dismissal, noting that "[e]ven if the Third Amended Petition relates back to the original petition, the original petition was filed more than two years after Decedent's death. Therefore, Appellant's wrongful death action is barred by the two-year statute of limitations." The questions presented for the Oklahoma Supreme Court's review were whether the Federal Rules of Civil Procedure applied to state court actions and whether the Appellees, judges on the Court of Civil Appeals, were immune from suit. The Court answered the first question in the negative and the second in the affirmative. View "Pierson v. Joplin" on Justia Law