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Handy v. Box Hill Surgery Ctr.

Citation: Not availableDocket: 0973/21

Court: Court of Special Appeals of Maryland; July 27, 2022; Maryland; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case stems from a medical malpractice lawsuit following the death of a patient, Brenda Rozek, after receiving a contaminated epidural steroid injection from Dr. Bhambhani. The legal issues revolved around negligence claims against Dr. Bhambhani and whether the misconduct of the New England Compounding Center (NECC), which supplied the contaminated medication, constituted an intervening and superseding cause. The trial court instructed the jury on these defenses after finding sufficient evidence. Despite objections from the plaintiffs, the jury found that Dr. Bhambhani breached the standard of care, yet NECC's actions were deemed an unforeseeable, superseding cause, absolving Dr. Bhambhani of liability. On appeal, the appellants challenged the jury instruction on intervening and superseding causes. The appellate court affirmed the trial court's decision, emphasizing that the jury instruction correctly reflected the law, was applicable based on the evidence, and was not redundant. The court found that NECC's actions, though negligent, were unforeseeable and sufficiently extraordinary to be considered a superseding cause, thus supporting the jury's verdict and the trial court's judgment.

Legal Issues Addressed

Applicability of Jury Instructions

Application: The appellate court upheld the trial court's decision to instruct the jury on intervening and superseding causes, focusing on the applicability based on the evidence presented.

Reasoning: The appellants did not dispute the law's accuracy or that it was covered, so the focus was on the applicability of the intervening and superseding cause instruction based on the evidence presented at trial.

Foreseeability and Superseding Cause

Application: The court determined that the issue of foreseeability regarding NECC's actions was appropriate for jury consideration as a potential superseding cause.

Reasoning: The case of Troxel v. Iguana Cantina, LLC was referenced, where it was determined that a third party’s negligence could be considered a superseding cause if it fell outside the risks created by the defendant's actions.

Jury Instructions on Intervening and Superseding Causes

Application: The trial court included jury instructions on intervening and superseding causes, justified by sufficient evidence presented during the trial.

Reasoning: The trial court's inclusion of jury instruction on intervening and superseding causes was deemed justified based on sufficient evidence.

Negligence and Superseding Cause

Application: The court assessed whether the actions of NECC constituted a superseding cause, thereby relieving Dr. Bhambhani of liability for Brenda Rozek's death.

Reasoning: The jury ultimately found that Dr. Bhambhani breached the standard of care and that his breach caused Rozek's condition, but concluded that NECC's negligence was an intervening and superseding cause, leading to Dr. Bhambhani's exoneration from liability.