United States District Court, D. New Mexico
JOHN FAURE, as Personal Representative for the Wrongful Death Estate of GLORIA QUIMBEY, Deceased, Plaintiff,
LAS CRUCES MEDICAL CENTER, LLC, doing business as Mountain View Regional Medical Center, ACCOUNTABLE HEALTHCARE STAFFING, INC., ACCOUNTABLE HEALTHCARE HOLDINGS CORPORATION, and RONALD LALONDE, Defendants, and LAS CRUCES MEDICAL CENTER, LLC, Cross Claimant,
ACCOUNTABLE HEALTHCARE HOLDINGS CORPORATION, and ACCOUNTABLE HEALTHCARE STAFFING, INC., Cross Defendants.
MEMORANDUM OPINION AND ORDER
matter comes before the Court upon Defendant Las Cruces
Medical Center, LLC, d/b/a Mountain [V]iew Regional Medical
Center's (“Defendant MVRMC”) Motion to
Exclude Certain Opinions and Testimony of Plaintiffs'
Testifying Experts John Stein, M.D., and Fred Hyde
(“Motion to Exclude”), filed on February 27,
2017. (Doc. 342). Plaintiff filed a response on March 22,
2017, and Defendant MVRMC filed a reply on April 19, 2017.
(Docs. 359, 375). Having reviewed the Motion to Exclude, the
accompanying briefs, and exhibits, the Court grants in part
and denies in part the Motion to Exclude.
a wrongful death lawsuit concerning the death of Gloria
Quimbey (“Ms. Quimbey”). Defendant MVRMC moves to
exclude certain opinion evidence by Dr. John Stein
(“Dr. Stein”) and Mr. Fred Hyde (“Mr.
Dr. Stein's Expert Report
intends to introduce the testimony of Dr. Stein to discuss
the administration of tPA, a medication designed to dissolve
blood clots, to Ms. Quimbey. (Doc. 342) at 3; (Doc. 342-14)
at 3. In his expert report, Dr. Stein lists the evidence he
considered in formulating his expert opinion. He then
describes the chronology of events from the time Ms. Quimbey
entered the MVRMC emergency room (“ER”) on
December 11, 2012, to her death on December 12, 2012. (Doc.
342-14) at 2-3. Dr. Stein discusses the administration of tPA
in general and the use of tPA in this case. Id. at
3-4. Finally, Dr. Stein states his conclusions. Id.
at 4. With regard to Defendant MVRMC, Dr. Stein states that
MVRMC's stroke protocol, “including tPA preparation
was appropriate.” Id. at 3. However, the
administration of tPA to Ms. Quimbey by travelling nurse
Ronald Lalonde (“Mr. Lalonde”) in the telemetry
unit of MVRMC “represented a catastrophic system
failure on the part of the hospital.” Id. Dr.
Stein notes that “while the hospital had an adequate
tPA protocol, it was not followed. The hospital failed to
ensure that [Mr. Lalonde] was aware of the protocol [for
administering tPA, ] and had been trained in the
protocol.” Id. at 4.
Mr. Hyde's Expert Report
intends to introduce his second expert, Mr. Hyde, to discuss
hospital management. (Doc. 342-15). Mr. Hyde's expert
report gives opinions about Defendant MVRMC's standard of
care regarding (1) information management; (2) leadership;
(3) contractual agreements; (4) patient flow; (5) medication
management; (6) nursing; and (7) communication of accurate
medication information. Id. at 1-5. Mr. Hyde found
that Defendant MVRMC fell below the standard of care in
“information management; leadership; oversight of care,
treatment and services provided through contractual
agreement; medication management; nursing organization; and
also National Patient Safety Goals.” Id. In
sum, Mr. Hyde argues “errors and failures in each of
these areas may have been fatal, but, taken together . . .
illustrate a systemic shortcoming by [Defendant MVRMC],
suggesting indifference to quality assurance and quality
improvement and the resulting safety of its patients.”
Id. at 6 (emphasis in original omitted).
Expert Testimony Standard
Rule of Evidence 702 governs the admissibility of expert
witness testimony and provides that, [a] witness who is
qualified as an expert by knowledge, skill, experience,
training, or education may testify in the form of an opinion
or otherwise if:
(a) the expert's scientific, technical, or other
specialized knowledge will help the trier of fact to
understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and
(d) the expert has reliably applied the principles and
methods to the ...