After Ernestine Wilson’s 23-year-old son Brian Curry died from a saddle pulmonary embolism (a blood clot that blocked the large pulmonary artery straddling his lungs), she sued emergency room physician Dr. Eric Moon and Chicago’s St. Bernard Hospital. She claimed that the doctor was negligent in choosing not to diagnose and treat her son’s condition and that the hospital was also liable because of its principal-agent relationship with the doctor. Dr. Moon denied negligence and the hospital moved for summary judgment on the ground that the doctor was an independent contractor.
Wilson reached a settlement with the hospital, but at the trial six weeks later, the doctor called the hospital’s retained expert in pulmonary medicine. The witness testified that Brian’s signs and symptoms did not suggest pulmonary embolism and that what subsequently occurred was a sudden and unsurvivable medical condition regardless of the doctor’s efforts.
Dr. Moon generally adopted the hospital’s expert opinions and thus was not required to submit a second 213(f)(3) disclosure containing all of the same information of an earlier disclosure once the hospital settled with Wilson for the plaintiff.