Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tillotson v. Dartmouth-Hitchcock Medical Center

United States District Court, D. New Hampshire

September 5, 2017

Gary and Bethanne Tillotson, as Parents of Sean C. Tillotson,
v.
Dartmouth-Hitchcock Medical Center Opinion No. 2017 DNH 178

          Nicholas F. Casolaro, Esq. Bruce W. Felmly, Esq. Peter W. Mosseau, Esq. Kaveh S. Shahi, Esq.

          ORDER

          Landya McCafferty United States District Judge.

         Following the death of their son, Sean Tillotson, Bethanne and Gary Tillotson filed suit against Dartmouth-Hitchcock Medical Center (“DHMC”), alleging that DHMC doctors failed to identify and treat a large tumor in Sean's left kidney that led to his death. The Tillotsons now move for leave to amend their complaint based on information regarding Sean's medical treatment learned through discovery. DHMC objects.

         STANDARD OF REVIEW

         Federal Rule of Civil Procedure 15 provides that the court “should freely give leave” to amend a complaint “when justice so requires.” Fed.R.Civ.P. 15(a)(2). Under this standard, leave to amend should be granted absent “any apparent or declared reason-such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [or] futility of amendment.” Klunder v. Brown Univ., 778 F.3d 24, 34 (1st Cir. 2015) (quoting Foman v. Davis, 371 U.S. 178, 182 (1962)).

         BACKGROUND[1]

         On May 1, 2014, Sean Tillotson was admitted to the DHMC emergency department in Lebanon, New Hampshire after observing blood in his urine. Dr. Brian Girard performed an ultrasound of Sean's kidneys. Sean had previously been diagnosed with a benign calcified cyst in his left kidney when he was younger. Dr. Girard and Dr. Stephanie Yen reviewed Sean's ultrasound results and determined that his left kidney was “stable” and “unchanged” from previous exams. See doc. no. 1 ¶ 13. The doctors prepared a final report on the ultrasound results. Sean was discharged that same day. He died less than two months later after portions of a large malignant tumor in his left kidney dislodged and traveled into his lungs and heart.

         On June 29, 2016, the Tillotsons filed this wrongful death lawsuit, alleging that DHMC's interpretation of the May 1 kidney ultrasound was “grossly inaccurate, ” Id. at ¶ 17, and that proper interpretation of the ultrasound would have led to identification of the malignant tumor in Sean's left kidney. In January 2017, through discovery in this action, the Tillotsons learned the following information related to the May 1 ultrasound examination that DHMC had not previously disclosed:

• Dr. Girard twice measured Sean's left kidney and kidney cyst as part of the ultrasound examination;
• Dr. Girard decided to re-measure the kidney and cyst-after acquiring an original set of still images-out of concern that his original measurements were inaccurate;
• Dr. Girard's re-measurements of the left kidney and cyst were “significantly smaller” than the original measurements, doc. no. 26-1 at ¶ 17;
• Dr. Girard had prepared a preliminary report on the ultrasound results that included “dramatic differences” from the final report, Id. at ¶ 50; and
• Dr. Girard recorded moving images or “cine clips” of Sean's kidneys as part of the ultrasound ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.