The State appeals court overturned a February 2000 verdict yesterday, ruling Northeastern’s Lane Health Center was not negligent for improperly diagnosing a student in 1993.
The student, freshman Michel Goldberg, 18, visited the health center several times in the winter of 1993 complaining of “flu-like symptoms” including chills, headaches and fatigue. She was diagnosed with a viral infection by a registered nurse and sent home without a blood test. The nurse did not alert the doctor on call. On Feb. 28, 1993, Goldberg died of acute myelogenous leukemia.
Michael T. Eskey, the Rhode Island-based attorney representing Goldberg’s parents, Laurence and Marlene Gold-berg, said the court’s reason for their decision was that sufficient testimony was not presented at the trial — a charge Eskey said he disagrees with.
“There was an abundance of evidence given on the subject, and even if there wasn’t, it’s almost the kind of thing that a layperson could decide looking at the situation,” he said. “If an airline only employs unlicensed pilots on the weekends and a crash results, I don’t think there would be a problem in saying they set up their airline in a negligent manner, just because an expert didn’t say they should do it a different way. Again, I believe they didn’t have to do that in this case. The record contained sufficient expert testimony for the jury to decide based on that in and of itself.”
While the jury’s original decision in 2000 awarded Goldberg’s parents $4 million, the award was reduced by the trial judge. Utilizing the state’s charitable immunity cap, which limits amounts charitable organizations have to pay at $20,000 in losses, the university proved to the appeals court that it qualifies for charity status.
“In order to be eligible for the application of such a drastic reduction, they had to introduce evidence that they were a charitable organization and we don’t think that that was done here,” Eskey said. “We believe they weren’t eligible for the cap, but the court found otherwise. We argued before the court that it wasn’t done in this case in the proper fashion. It requires a number of steps, and it wasn’t done with respect to the documents.”
Senior University Media Relations and Public Relations Specialist Emily Donahue said while the university is pleased the decision was favorable to their side, their thoughts are with the Goldberg family.
“I hope there is (a sense of closure) for the family,” she said. “I think everyone here is just really feeling for them and sending their condolences to them. It’s been a difficult and trying time for the family and we hope that for them there is some closure.”
Eskey said the family was “shocked at the reversal of the jury’s decision,” but that at this time, there is no plan to pursue the case further.
“We can petition the court of appeal’s decision, and I’m not decided, but I don’t think the Goldbergs are inclined to pursue it any further,” he said. “The way they see it, as do I, is the court has sent a very clear message with this decision that Northeastern is going to be supported in this case. I think there’s a certain sense that it would be futile to appeal it.”
