The Free Press, Mankato, MN

Local News

August 21, 2010

Wrongful death lawsuit filed

Mother sues Mankato Clinic claiming brain hemorrhage went undiagnosed in daughter

MANKATO — A mother is suing the Mankato Clinic, claiming a doctor there failed to diagnose the brain hemorrhage that killed her 20-year-old daughter in 2008.

The wrongful death lawsuit was filed by Rebecca Joecks earlier this month. Her daughter, Elizabeth Moen, died Feb. 15, 2008, after being airlifted from Immanuel St. Joseph’s Hospital in Mankato to St. Marys Hospital in Rochester.

David Alsop, the attorney representing the clinic, said last week that he is planning to file an answer denying the allegations.

Moen made her first trip to the Mankato Clinic on Jan. 21, 2008, or more than three weeks before she died, according to Joecks’ lawsuit. Moen was immediately admitted to the hospital because she was complaining about a severe and prolonged headache, vomiting, diarrhea and a stiff neck.

“These markers were all classic symptoms of a subarachnoid hemorrhage,” Joecks’ civil complaint said.

Moen was evaluated later that day by Dr. Lisa Davidson, a clinic neurologist who also is named in the lawsuit. Davidson concluded Moen was suffering from migraine headaches. She did not conduct tests to rule out a subarachnoid hemorrhage, according to the complaint.

After being discharged from the hospital four days later, Moen continued have headaches. She went to the Mankato Clinic to see Davidson again on Feb. 4, 2008. Davidson prescribed more pain medication.

“Doctor Davidson did not order that Ms. Moen return for a follow-up examination and never warned Ms. Moen or instructed her about the possibility that her condition was something other than migraine headaches,” the complaint said.

On Feb. 14, 2008, Moen was admitted to the hospital again. This time her severe headache and intense nausea was followed by convulsions. After a CT scan identified a brain hemorrhage, Moen was airlifted to Rochester. She was declared brain dead, but she was kept alive so her organs could be donated. Moen was pronounced dead on Feb. 15, 2008, which was two weeks after her 20th birthday.

The lawsuit claims Davidson failed to recognize the possibility of a subarachnoid hemorrhage, failed to order tests that would have identified the bleeding and failed to ask Moen and Joecks about a history of migraine headaches.

“As a direct and proximate result of defendant Davidson’s negligence, Elizabeth Moen’s developing subarachnoid hemorrhage was not diagnosed and treated, and directly resulted in her death,” the complaint said.

Alsop’s answer to the complaint, which he provided to The Free Press, said Moen’s injuries were caused by parties who weren’t under the control of the Mankato Clinic. His answer also said his clients are demanding the lawsuit be dismissed and that their legal fees be covered by Joecks.

Alsop also issued a written statement form officials at the Mankato Clinic.

“Our hearts go out to the family of Elizabeth Moen for their loss,” the statement said. “The death of a family member is unfortunate and tragic, but, in this case, the care provided to Ms. Moen by Dr. Davidson was appropriate and met the standard of care.”

 

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