Opinion

Samadder v. Ohio State Univ. Wexner Med. Ctr.

  • 2024 Ohio 6104
Court
Ohio Court of Appeals
Filed
Dec 31, 2024
Status
Published
On the bench
Boggs
Cited by
0 cases
Authority
More cited than 33.5%

The opinion

[Cite as Samadder v. Ohio State Univ. Wexner Med. Ctr., 2024-Ohio-6104.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

Anjana Samadder et al., :

Plaintiffs-Appellants, :

No. 23AP-774

v. : (Ct. of Cl. No. 2021-00536JD)

The Ohio State University : (REGULAR CALENDAR)

Wexner Medical Center,

:

Defendant-Appellee.

:

D E C I S I O N

Rendered on December 31, 2024

On brief: Colley Shroyer & Abraham Co. LPA, and David I.

Shroyer, for appellants. Argued: David I. Shroyer.

On brief: Reminger Co., L.P.A, Justin D. Harris, Taylor C.

Knight, and Hannah R. Duschl; Dave Yost, Attorney General,

and Brian M. Kneafsey, Jr. for appellee. Argued: Brian M.

Kneafsey, Jr.

APPEAL from the Court of Claims of Ohio

BOGGS, J.

{¶ 1} Plaintiffs-appellants, Dr. Anjana Samadder and Dr. Gautam Samadder,

appeal the decision of the Court of Claims of Ohio, which granted the motion for summary

judgment of defendant-appellee, the Ohio State University Wexner Medical Center

(“OSUWMC”). For the following reasons, we affirm in part, reverse in part, and remand

this matter to the Court of Claims.

I. PROCEDURAL HISTORY AND FACTS

{¶ 2} On April 7, 2020, Dr. Anjana Samadder (hereinafter “Dr. Samadder”) was

admitted as a patient to the OSUWMC to receive treatment for COVID-19. Dr. Samadder

alleged that, during her hospital stay, she was placed on a venovenous extracorporeal

No. 23AP-774 2

membrane oxygenation (“ECMO”). (Sept. 23, 2021 Compl. at 2.) On April 17, 2020, the

cannulation was changed from the ECMO to an Avalon catheter. Id. Dr. Samadder claims

that during the placement of the Avalon catheter she experienced a perforation to her right

ventricle which required an emergency sternotomy and repair. Id. She further alleged that

she experienced swelling and a loss of pulse in her left arm following that procedure. Id.

{¶ 3} On April 18, 2020, Dr. Mounir Haurani, a vascular surgeon and employee of

the OSUWMC, performed a bedside thrombectomy on Dr. Samadder’s left arm. Dr.

Samadder maintains that following the thrombectomy she developed compartment

syndrome that was not diagnosed until April 27, 2020, for which she then received a

fasciotomy as treatment. Now, Dr. Samadder argues that, because of the delayed diagnosis

of compartment syndrome, she has suffered irreparable and permanent damage to her left

arm that has rendered it deformed and useless.

{¶ 4} On September 23, 2021, Dr. Samadder and her husband, Dr. Gautam

Samadder, filed a complaint against OSUWMC asserting claims of medical negligence and

loss of consortium and seeking judgment for “economic and non-economic damages in

excess of $1 million, attorneys’ fees, costs, and any other legal and/or equitable relief that

[the] Court deems just and proper. Id. at 4.

{¶ 5} On February 11, 2022, OSUWMC filed a motion for judgment on the

pleadings, arguing that it was immune from suit under the Public Readiness and

Emergency Preparedness Act and Am.Sub.H.B. No. 606 and that the Samadders failed to

state a claim upon which relief could be granted. On March 25, 2022, the Court of Claims

denied OSUWMC’s motion for judgment on the pleadings, finding that whether OSUWMC

is entitled to qualified civil immunity may not be determined based solely on the pleadings.

{¶ 6} On September 15, 2023, OSUWMC filed a motion for summary judgment,

arguing that it is entitled to qualified civil immunity under Am.Sub.H.B. No. 606. Dr.

Samadder responded that OSUWMC is not entitled to immunity because the standard of

care, which she contends requires the performance of a fasciotomy at the same time as a

brachial thrombectomy, was not altered by the COVID-19 pandemic and that nothing about

Dr. Samadder’s diagnosis or the pandemic would have prevented the exercise of the

standard of care.

No. 23AP-774 3

{¶ 7} On November 29, 2023, the Court of Claims granted OSUWMC’s motion for

summary judgment. The court found that OSUWMC met its burden to establish immunity

under Am.Sub.H.B. No. 606. The court looked to the evidence and determined that Dr.

Samadder was a hospitalized patient at OSUWMC in April 2020 when Am.Sub.H.B. No.

606 was in effect, that Dr. Samadder was one of OSUWMC’s first COVID-19 patients who

was critically ill, that OSUWMC provided care to Dr. Samadder, and that during that time,

OSUWMC medical providers were seeing thrombosis and clotting in COVID-19 patients as

well as more instances of patients with acute ischemia to extremities. The court determined

that the health care services provided by OSUWMC to Dr. Samadder, a COVID-19 patient,

were a result of or in response to the state of emergency due to COVID-19 and therefore fall

within the qualified civil immunity provision of Am.Sub.H.B. No. 606.

{¶ 8} The Court of Claims also found that Dr. Samadder failed to demonstrate that

an exception to immunity applies under Am.Sub.H.B. No. 606(B)(2), namely that

OSUWMC’s actions constituted a reckless disregard or willful or wanton misconduct. The

court determined that Dr. Samadder’s complaint only alleged negligence, and the

complaint failed to allege that OSUWMC’s health care providers exhibited a reckless

disregard for the consequences of their actions, so as to affect the life or health of the

patient, or that those health care providers exhibited intentional misconduct or willful or

wanton misconduct.

{¶ 9} Dr. Samadder now appeals the Court of Claims’ decision on summary

judgment.

II. ASSIGNMENTS OF ERROR

{¶ 10} Dr. Samadder argues the following assignments of error:

(1) The trial court erred in finding that OSU Wexner Medical

Center sustained its burden of proof to establish immunity

under H.B. 606.

(2) The trial court erred by requiring the Samadders to plead

an exception to immunity in their Complaint.

III. STANDARD OF REVIEW

{¶ 11} Appellate review of summary judgment is de novo. Accurate Elec. Constr. v.

Ohio State Univ., 10th Dist. No. 17AP-211, 2019-Ohio-4992; Koos v. Cent. Ohio Cellular,

No. 23AP-774 4

Inc., 94 Ohio App.3d 579, 588 (8th Dist.1994). In appellate review of summary judgment,

we stand in the shoes of the Court of Claims, conduct an independent review of the record,

and affirm the Court of Claims’ judgment if any of the grounds the movant raised in the

Court of Claims supports the court’s judgment, even if the Court of Claims failed to consider

those grounds. See Dresher v. Burt, 75 Ohio St.3d 280, 292 (1996); Coventry Twp. v.

Ecker, 101 Ohio App.3d 38, 41-42 (9th Dist.1995).

{¶ 12} Summary judgment is appropriate only where: (1) no genuine issue of

material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter

of law; and (3) viewing the evidence most strongly in favor of the nonmoving party,

reasonable minds can come to but one conclusion and that conclusion is adverse to the

nonmoving party. Tokles & Son, Inc. v. Midwestern Indem. Co., 65 Ohio St.3d 621, 629

(1992), citing Harless v. Willis Day Warehousing Co., Inc., 54 Ohio St.2d 64, 65-66 (1978).

IV. LEGAL ANALYSIS

A. Assignment of Error No. 1

{¶ 13} In her first assignment of error, Dr. Samadder argues that the Court of Claims

erred in finding OSUWMC sustained its burden of proof to establish qualified civil

immunity under Am.Sub.H.B. No. 606. Dr. Samadder argues that Am.Sub.H.B. No. 606

limits the liability of health care providers only as to treatment decisions specific to COVID-

19 and that the negligence that caused Dr. Samadder’s injuries did not occur as a result of

treatment for COVID-19. We do not agree.

{¶ 14} We first turn to the language of Am.Sub.H.B. No. 606 to interpret the

qualified civil immunity provision of this temporary law. The primary goal of statutory

interpretation is to ascertain and give effect to the General Assembly’s intent in enacting

the statute. Brooks Capital Servs., L.L.C. v. 5151 Trabue Ltd., 10th Dist. No. 12AP-30, 2012

Ohio App. LEXIS 3901 *9 (Sept. 27, 2012), citing Yonkings v. Wilkinson, 86 Ohio St.3d

225, 227 (1999). In determining legislative intent, we first look to the plain language of the

statute. Hubbell v. Xenia, 115 Ohio St.3d 77, 2007-Ohio-4839, ¶ 11, citing State ex rel.

Burrows v. Indus. Comm., 78 Ohio St.3d 78, 81 (1997). A court must “evaluate a statute ‘as

a whole and giv[e] such interpretation as will give effect to every word and clause in it.’ ”

Boley v. Goodyear Tire & Rubber Co., 125 Ohio St.3d 510, 2010-Ohio-2550, ¶ 21, quoting

No. 23AP-774 5

State ex rel. Myers v. Bd. of Edn. of Rural School Dist. of Spencer Twp., 95 Ohio St. 367,

373 (1917).

{¶ 15} As the Court of Claims noted, Am.Sub.H.B. No. 606, as stated in its title, was

an act to “make temporary changes related to qualified civil immunity for health care and

emergency services provided during a government-declared disaster or emergency and for

exposure to or transmission or contraction of certain coronaviruses.” Am.Sub.H.B. No.

606(B)(1) states:

Subject to division (C)(3) of this section, a health care provider

that provides health care services, emergency medical

services, first-aid treatment, or other emergency professional

care, including the provision of any medication or other

medical equipment or product, as a result of or in response to

a disaster or emergency is not subject to professional

disciplinary action and is not liable in damages to any person

or government agency in a tort action for injury, death, or loss

to person or property that allegedly arises from any of the

following:

(a) An act or omission of the health care provider in the health

care provider’s provision, withholding, or withdrawal of

those services;

(b) Any decision related to the provision, withholding, or

withdrawal of those services;

(c) Compliance with an executive order or director’s order

issued during and in response to the disaster or emergency.

(Emphasis added.)

{¶ 16} The parties do not dispute that OSUWMC is a hospital and a health care

provider under Am.Sub.H.B. No. 606 1(A)(15) and (20). The parties also do not dispute

that OSUWMC, through its employed health care professionals, provided health care

services and emergency services to Dr. Samadder under the relevant definitions within

Am.Sub.H.B. No. 606 1(A) (19) and (20).

{¶ 17} However, the parties do dispute whether Dr. Samadder’s delayed treatment

for compartment syndrome, and alleged subsequent injury, was “as a result of or in

response to a disaster or emergency” as required for immunity under Am.Sub.H.B. No.

606(B)(1) to apply. Dr. Samadder argues that because the standard of care for

No. 23AP-774 6

compartment syndrome is the same for COVID patients and non-COVID patients, the care

provided was not related to or in response to the COVID-19 health emergency. In other

words, she argues the medical negligence at issue was unrelated to Dr. Samadder’s COVID-

19 diagnosis and treatment.

{¶ 18} However, in our reading of Am.Sub.H.B. No. 606(B)(1), the plain language of

the rule conditions its application on whether the healthcare services at issue were provided

“as a result of” the COVID-19 pandemic, not whether the standard of care was altered by

the pandemic. Dr. Samadder was a critically ill COVID-19 patient at OSUWMC, and the

treatment at issue here is inextricably linked to her treatment as a COVID-19 patient. We

cannot divorce her treatment at OSUWMC from the pandemic. The evidence in the record

indicates that Dr. Samadder was suffering from a life-threatening COVID-19 infection,

which necessitated the need for several life-support measures. This included the ECMO

and Avalon catheter, which led to the need for the sternotomy. The sternotomy led to Dr.

Samadder’s subsequent blood clot, which then required a thrombectomy. The

thrombectomy led to her developing compartment syndrome and requiring a fasciotomy.

All of these conditions and treatments arose from her COVID-19 infection and were all a

part of the overarching goal of keeping Dr. Samadder from dying of COVID-19. We agree

with the Court of Claims that Dr. Samadder’s treatment was a direct result of or in response

to COVID-19, and the care and treatment for her arm arose as a direct result of the care for

her COVID-19 infection. Accordingly, we overrule Dr. Samadder’s first assignment of error.

B. Assignment of Error No. 2

{¶ 19} In her second assignment of error, Dr. Samadder argues that the Court of

Claims erred in its ruling on summary judgment by requiring the Samadders to plead an

exception to immunity in their complaint. We agree.

{¶ 20} As discussed above, Am.Sub.H.B. No. 606(B)(1) establishes qualified civil

immunity, but Am.Sub.H.B. No. 606 (B)(2) also establishes an exception to that immunity

where the health care provider’s actions exhibit “reckless disregard” or “intentional

misconduct or willful or wanton misconduct.” It states:

Division (B)(1) of this section does not apply in a tort action

if the health care provider’s action, omission, decision, or

compliance constitutes a reckless disregard for the

consequences so as to affect the life or health of the patient

or intentional misconduct or willful or wanton misconduct

No. 23AP-774 7

on the part of the person against whom the action is

brought.

(Emphasis added.) Am.Sub.H.B. No. 606 (B)(2).

{¶ 21} The temporary law further defines “reckless disregard” as follows:

[A]s it applies to a given health care provider rendering health

care services, emergency medical services, first-aid treatment,

or other emergency professional care, conduct by which, with

heedless indifference to the consequences, the health care

provider disregards a substantial and unjustifiable risk that the

health care provider’s conduct is likely to cause, at the time

those services or that treatment or care were rendered, an

unreasonable risk of injury, death, or loss to person or

property.

Am.Sub.H.B. No. 606 (A)(42).

{¶ 22} In responding to OSUWMC’s motion for summary judgment, Dr. Samadder

had argued that OSUWMC was not entitled to immunity because its alleged failure to timely

perform a fasciotomy constituted a reckless disregard of Dr. Samadder’s health. Dr.

Samadder directed the Court of Claims to the affidavit of Dr. Maseed A. Bade who avered

that it was reckless of OSUWMC to not perform a fasciotomy at the time of the

thrombectomy. The Court of Claims, however, noted that Dr. Samadder’s complaint did

not allege that OSUWMC’s health care providers provided medical care with a reckless

disregard for the consequences, but instead alleged only negligence on the part of

OSUWMC and its employees.

{¶ 23} The Court of Claims relied on Munday v. Village of Lincoln Heights, 1st Dist.

No. C-120431, 2013-Ohio-3095, in rejecting Dr. Samadder’s argument. There, the First

District Court of Appeals held that a complaint “must contain allegations suggesting malice,

bad faith, or wanton or reckless conduct for a plaintiff to raise these issues in opposing the

employee’s motion for summary judgment based on the immunity found in R.C.

2744.03(A)(6).” Id. at ¶ 46. Applying Munday, the Court of Claims reasoned that because

Dr. Samadder did not allege that OSUWMC acted with reckless disregard in her complaint

that she could not do so in opposing OSUWMC’s motion for summary judgment. The Court

of Claims looked to its own analysis in denying OSUWMC’s motion for judgment on the

pleadings, where it noted that Dr. Samadder’s complaint did not allege that OSUWMC’s

No. 23AP-774 8

“health care providers provided medical care with a reckless disregard for the consequences

so as to affect [her] life or health, or with intentional, or willful, or wanton misconduct.”

(Mar. 25, 2022 Decision at 12.)

{¶ 24} Here, we disagree with the Court of Claims. We note that Ohio is a notice-

pleading state and that the plaintiff need not prove his or her case at the pleading stage.

York v. Ohio State Hwy. Patrol, 60 Ohio St.3d 143, 144-45 (1991). Further, a plaintiff need

not affirmatively dispose of the immunity question altogether at the pleading stage. Fink

v. Twentieth Century Homes, Inc., 8th Dist. No. 94519, 2010-Ohio-5486, ¶ 29. Requiring

a plaintiff to affirmatively demonstrate an exception to immunity at this stage would be

tantamount to requiring the plaintiff to overcome a motion for summary judgment at the

pleading stage. Id. at ¶ 27. Instead, a plaintiff must merely allege a set of facts that, if

proven, would plausibly allow for recovery. Id. at ¶ 29, citing Gallo v. Westfield Natl. Ins.

Co., 8th Dist. No. 91893, 2009-Ohio-1094.

{¶ 25} Here, reviewing the Court of Claims’ decision on OSUWMC’s motion for

summary judgment, the question is not whether Dr. Samadder pled allegations in the

complaint to disprove that OSUWMC is entitled to immunity under Am.Sub.H.B. No. 606

but, rather, does the evidence presented to the court establish OSUWMC’s entitlement to

immunity as a matter of law. As noted above, a plaintiff is not required to affirmatively

demonstrate an exception to immunity at the pleading stage. The Supreme Court of Ohio

has stated that

a plaintiff is not required to prove his or her case at the pleading

stage. Very often, the evidence necessary for a plaintiff to

prevail is not obtained until the plaintiff is able to discover

materials in the defendant’s possession. If the plaintiff were

required to prove his or her case in the complaint, many valid

claims would be dismissed because of the plaintiff’s lack of

access to relevant evidence.

York, 60 Ohio St.3d at 145.

{¶ 26} Here, Dr. Samadder was not required to anticipate and plead around

affirmative defenses, such as civil liability immunity under Am.Sub.H.B. No. 606. “Indeed,

‘ “complaints need not anticipate and attempt to plead around defenses.” ’ ” Main v. Lima,

3d Dist. No. 1-14-42, 2015-Ohio-2572, ¶ 13, quoting Savoy v. Univ. of Akron, 10th Dist. No.

11AP-183, 2012-Ohio-1962, ¶ 8, quoting United States v. N. Trust Co., 372 F.3d 886, 888

No. 23AP-774 9

(7th Cir.2004). Further, a motion for summary judgment differs from a motion for

judgment on the pleadings, or other motions made before discovery, in what the Court of

Claims can consider. “A motion for summary judgment is based on evidence presented to

the court and allows consideration of facts beyond the allegations included in the

pleadings.” Parrish v. Jones, 138 Ohio St.3d 23, 2013-Ohio-5224, ¶ 13. While OSUWMC

points this court to Munday, we find this reliance misplaced, as the First District’s

reasoning was specific to the presumption of political subdivision immunity under R.C.

2744.03, which is not applicable to this case. Munday at ¶ 46.

{¶ 27} While the complaint alleges negligence on the part of OSUWMC, it also states

that Dr. Samadder “developed compartment syndrome which was not diagnosed until

April 27, 2020, at which time she promptly had a fasciotomy. By that time however, Anjana

Samadder had suffered irreparable and permanent damage to her left arm rendering it

deformed and useless.” (Compl. at 2-3.) These allegations could be construed as Dr.

Samadder’s contention that OSUWMC acted with reckless disregard for the consequences

as to affect her life or health. We accordingly sustain Dr. Samadder’s second assignment of

error and hold that the Court of Claims erred in granting OSUWMC’s motion for summary

judgment based on its determination that Dr. Samadder’s complaint did not plead an

exception to immunity under Am.Sub.H.B. No. 606.

{¶ 28} While we reverse the Court of Claims’ judgment, we also remand the matter

to that court for it to determine whether Dr. Samadder has established through evidence

that OSUWMC employees acted with reckless disregard with respect to the delayed

fasciotomy treatment for Dr. Samadder’s compartment syndrome. Because the Court of

Claims determined that Dr. Samadder was required to, but did not raise, recklessness or

intentional, willful or wanton misconduct in her complaint, that court has not determined

whether the evidence before it supports her contention that OSUWMC’s acts or omissions

exhibited a reckless disregard for the consequences, so as to preclude application of

immunity under Am.Sub.H.B. No. 606.

{¶ 29} Dr. Samadder argued below and points this court to evidence in the record,

such as Dr. Maseed A. Bade’s affidavit, that OSUWMC acted with reckless disregard for Dr.

Samadder by waiting so long to perform a fasciotomy to treat her compartment syndrome.

In a deposition, Dr. Mounir Haurani, the OSUWMC physician who performed the

No. 23AP-774 10

thrombectomy on Dr. Samadder, stated that he would typically consult with a hand surgeon

to perform a fasciotomy following the thrombectomy but could not recall that happening

in Dr. Samadder’s case, and it was not documented in his notes. (Sept. 15, 2023 Def.’s Mot.

for Summ. Jgmt, Ex. C, Haurani Dep. at 66-68.) We leave this question, whether

OSUWMC’s actions or omissions rise to reckless disregard, for the Court of Claims to

address.

V. CONCLUSION

{¶ 30} For these reasons, we overrule Dr. Samadder’s first assignment of error,

sustain her second assignment of error, and remand this matter to the Court of Claims for

further proceedings consistent with this decision and the law.

Judgment affirmed in part,

reversed in part, cause remanded.

DORRIAN and JAMISON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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