562 P.3d 26
Alaska2024Background
- Kimberly and Jonathon Goodwin sued Mat-Su Midwifery and two midwives for negligence and lack of informed consent after their son, Jackson, was stillborn at a birth center.
- The Goodwins alleged the midwives failed to inform them of the risks associated with midwife delivery, particularly given Kimberly’s advanced maternal age and miscarriage history.
- The superior court granted summary judgment to the midwives, ruling that the Goodwins did not provide evidence the midwives’ care caused the stillbirth; the midwives’ expert pointed to an unrelated infection as the cause.
- The Goodwins’ experts (first Osbourne, then Cook) did not provide a concrete medical causation opinion linking the midwives' care to the stillbirth.
- The superior court also awarded enhanced attorney’s fees to the midwives, citing the plaintiffs’ conduct as vexatious and dilatory over several years of litigation.
- On appeal, the pivotal issue was whether Alaska law required proof of medical causation for informed consent claims, and whether the Goodwins met that requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is medical causation required in informed consent claims? | Only needed to show plaintiffs would have chosen hospital care if properly informed | Plaintiffs must show non-disclosure was a substantial factor in causing the harm | Medical causation is required in Alaska for such claims |
| Sufficiency of plaintiffs’ evidence on causation | Expert (Cook) sufficiently linked midwives’ actions to stillbirth | Plaintiffs failed to rebut expert evidence that infection caused stillbirth | Plaintiffs failed to offer admissible evidence on causation |
| Necessity of expert testimony on causation | Lay inference is sufficient based on sequence of events | Medical causation here is outside a layperson’s everyday experience | Expert testimony was required and lacking |
| Enhanced attorney’s fees | Award was not justified by plaintiffs’ conduct | Conduct was vexatious, unreasonable, and drove up fees | Enhanced award (64.5%) was within the trial court’s discretion |
Key Cases Cited
- Poulin v. Zartman, 542 P.2d 251 (Alaska 1975) (proximate cause is necessary for lack of informed consent claims)
- Parker v. Tomera, 89 P.3d 761 (Alaska 2004) (expert testimony requirements in medical malpractice informed consent claims)
- Culliton v. Hope Cmty. Res. Inc., 491 P.3d 1088 (Alaska 2021) (need for expert testimony when lay inference is insufficient)
- Greywolf v. Carroll, 151 P.3d 1234 (Alaska 2007) (failure of proof on essential element renders all other facts immaterial)
