Pilzer v. Jones

Since the trial court instructed the jury not to award damages related to plaintiff's permanent colostomy, it is presumed that the award of almost $4.5 million included only damages for plaintiff's other injuries and suffering caused by her perforated intestine.

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April Jones and her mother, Betty Kinney, sued Edith Pilzer, M.D., Scottish Rite Children’s Medical Center, Inc. Scottish Rite, and Jill Bolton, R.N., for medical negligence claiming that the defendants negligently failed to monitor Jones’ condition and timely diagnose and treat her for serious complications stemming from a sigmoidoscopy procedure performed on Jones a minor at the time by Dr. Pilzer at Scottish Rite, where Bolton was employed as a nurse. On appeal from the judgment entered on a jury verdict in favor of Jones and Kinney, the defendants claim that the expert medical testimony failed to establish that the damages awarded were proximately caused by their negligence, and that plaintiff’s counsel made improper and prejudicial statements during closing argument.1 Finding no basis for reversal, we affirm the judgment.

During the sigmoidoscopy, Dr. Pilzer inserted a flexible tube with a small camera at the tip through Jones’ rectum and into her intestine to aid in the continuing diagnosis of Jones’ inflammatory bowel disease. After the outpatient procedure, Jones was taken to a recovery area at Scottish Rite where she was monitored by nurse Bolton. While in the recovery area, Jones complained of severe bowel pain and, on orders from Dr. Pilzer, was given two intravenous doses of morphine to relieve the pain. After four hours in the recovery area, Jones was discharged to Kinney, who took her home at 3:20 p.m. During the night, Jones again began to experience severe bowel pain along with fever and vomiting. At 6:30 a.m. the next morning, Kinney took Jones back to Scottish Rite, where Jones was diagnosed as having a perforation in her intestine which was allowing fecal matter to spill into her abdominal cavity.

Pilzer v. Jones

Since the trial court instructed the jury not to award damages related to plaintiff's permanent colostomy, it is presumed that the award of almost $4.5 million included only damages for plaintiff's other injuries and suffering caused by her perforated intestine.

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