Klein v. Norwalk Hospital
299 Conn. 241
| Conn. | 2010Background
- Klein sued Norwalk Hospital for medical malpractice over an alleged improper intravenous line placement causing anterior interosseous nerve palsy.
- Plaintiff disclosed Gevirtz as an expert on standard of care, causation, and damages; defendant disclosed Strauch as an expert defending Parsonage Turner Syndrome as the injury cause.
- Gevirtz was precluded from testifying about Parsonage Turner Syndrome based on the court’s view of 13-4(4) disclosure requirements, despite a proffer describing his Parsonage Turner testimony.
- The trial court later allowed Strauch to testify that Parsonage Turner Syndrome caused the injury after a Porter hearing.
- Jury returned a verdict for Norwalk Hospital; the first interrogatory denied breach, and Klein sought a new trial, which was denied by trial and appellate courts.
- The Supreme Court granted certification on the sole issue of harmlessness and reversed the Appellate Court, remanding for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper scope of 13-4(4) disclosure | Gevirtz disclosure sufficed to cover causation and non-causation. | Gevirtz was not adequately disclosed to testify about Parsonage Turner Syndrome. | Exclusion was improper and harmful; Gevirtz testimony on non-causation should have been admitted. |
| Admission of Strauch’s Parsonage Turner diagnosis | Porter hearing required reliability showings; Strauch’s method lacked reliability evidence. | Porter hearing satisfied reliability for Strauch's Parsonage Turner conclusion. | Admitting Strauch’s Parsonage Turner testimony was improper; Porter requirements not satisfied. |
| Harmlessness standard application | Exclusion of central evidence prejudiced the jury and affected breach causation analysis. | Any error was harmless given remaining evidence and the defense theory. | Harmless-error standard not met; errors were not harmless and warrant a new trial. |
Key Cases Cited
- Kalams v. Giacchetto, 268 Conn. 244 (2004) (harmlessness and credibility considerations in evidentiary rulings)
- State v. Porter, 241 Conn. 57 (1997) (Daubert-style reliability framework for expert testimony)
- Maher v. Quest Diagnostics, Inc., 269 Conn. 154 (2004) (porter factors and reliability assessment for scientific evidence)
- Hayes v. Decker, 263 Conn. 677 (2003) (diagnosis and reliability considerations for record-based testimony)
- Poulin v. Yasner, 64 Conn. App. 730 (2001) (record-based diagnosis and Porter-related admissibility)