LAGERSTROM V. MYRTLE WERTH HOSPITAL-MAYO HEALTH SYSTEM
700 N.W.2d 201 (2005)
NATURE OF THE CASE: Lagerstrom (P), estate, appealed a judgment of the jury award in a
medical malpractice case against Myrtle (D), health care providers.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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