IHP 420 Case Study.docx - Intermediate Court of Appeals of...

This preview shows page 1 - 2 out of 19 pages.

Intermediate Court of Appeals of Hawai‘i. Rosalinda ITURRALDE, Individually and in her Capacity as Personal Representative of the Estate of Arturo Iturralde, Plaintiff–Appellant, Cross–Appellee, v. HILO MEDICAL CENTER, a Hawai‘i Non–Profit Corporation, Hawai‘i Health Systems Corporation, a Public Benefit Corporation, State of Hawai‘i, Defendants–Appellees, Cross–Appellants and Medtronic Sofamor Danek, USA, a Tennessee Corporation Licensed to do Business in Hawai‘i, and Robert Ricketson, M.D., Defendants– Appellees. No. 28792. Decided: March 30, 2012 NAKAMURA, Chief Judge, FUJISE and LEONARD, JJ.Mark S. Davis, Anne L. Williams, and Robert P. Marx (Davis Levin Livingston), on the briefs, for Plaintiffs–Appellants/Cross– Appellees. George W. Playdon, Jr., Kelvin H. Kaneshiro, R. Aaron Creps (Reinwald O'Connor & Playdon LLP), on the briefs, for Defendants–Appellees/Cross–Appellants. Edmund Burke, David Y. Suzuki, Patricia Aburano (Burke McPheeters Bordner & Estes), and Murray S. Levin (Pepper Hamilton LLP), on the briefs, for Defendant–Appellee Medtronic Sofamor Danek USA. Robert Ricketson, M.D., Defendant–Appellee. Plaintiff–Appellant/Cross–Appellee Rosalinda Iturralde (Appellant or, in reference to her individual capacity, Rosalinda), individually and in her capacity as personal representative of the Estate of Arturo Iturralde (Arturo's Estate), and Defendants–Appellees/Cross– Appellants Hilo Medical Center, Hawai‘i Health Systems Corporation, State of Hawai‘i (collectively, HMC), appeal from the Amended Final Judgment (Judgment) of the Circuit Court of the Third Circuit (Circuit Court). 1 The Judgment, entered September 10, 2007, awarded various damages against HMC and Defendant–Appellee Robert Ricketson, M.D. (Dr.Ricketson). It awarded judgment in favor of Defendant–Appellee Medtronic Sofamor Danek USA, Inc. (Medtronic) on all claims. On appeal, Appellant asserts that the Circuit Court erred in: (1) awarding joint and several damages against HMC in an amount different from the amount awarded by jury against Dr. Ricketson; (2) adopting Medtronic's proposed jury instruction on the substantial change doctrine of products liability; (3) adopting Medtronic's proposed jury instructions and special verdict interrogatory on foreseeability and superseding cause; and (4) failing to hold HMC jointly liable for damages awarded to Rosalinda for negligent infliction of emotional distress (NIED). On cross-appeal, HMC asserts that the Circuit Court erred in: (1) failing to apply Hawaii Revised Statutes (HRS) § 663–10.5 (Supp.2006), as amended, to preclude HMC from being held jointly and severally liable in tort; and (2) failing to offset the judgment against HMC by the good-faith settlement of non-party Hawaii Orthopaedics, Inc. I. BACKGROUND A. Arturo Iturralde's Medical Care Decedent Arturo Iturralde (Arturo) was admitted to HMC, a state-owned hospital in Hilo, in January of 2001, for an assessment of increasing weakness in his legs that had resulted in several falls. Dr. Ricketson, an orthopedic surgeon with credentials at HMC, examined Arturo on January 24, 2001. He diagnosed Arturo with degenerative spondylolisthesis L4–5
Image of page 1

Subscribe to view the full document.

Image of page 2
  • Fall '18
  • Tort reform, HMC

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern