The Tennessee Court of Appeals has reversed Davidson County Circuit Judge Barbara Haynes’s decision on a medical malpractice lawsuit, that had prevented a pediatric physician to be sued for the death of a child, because her ruling was considered biased, as reported by The Tennessean.
Annette Olerud sued a pediatric surgeon at Monroe Carell Jr. Children’s Hospital, where Haynes is a voting member and former chairwoman of the hospital’s board of directors, for medical malpractice that allegedly led to the death of her daughter.
Olerud’s daughter, Rachel, 12, died of cancer in 2007.
Vanderbilt University is also named in the suit.
When Olerud discovered that Haynes was affiliated with the hospital she requested, unsuccessfully, that the judge reverse her decision for dismissal. In seeking help from the judicial system in her loss, instead, Olerud felt she had become embroiled in a fight.
Olerud said, “I can tell you that my confidence in the judicial system is being restored. Today is a glorious day because someone has listened. It's been four long years.”
The state Court of Appeals was unable to confirm any bias or partiality on the part of Haynes, but, as they did see the appearance of a conflict it was enough for them to have Haynes step down.
The opinion from the state Court of Appeals read, “Applying an objective standard, we believe that the court's impartiality might reasonably be questioned under the circumstances presented.”
The order was that the judge be removed from the Olerud case, all of her orders were to be reversed and a new judge would have to be appointed to hear the case in Davidson County Circuit Court.
Haynes, who had not read the opinion, declined to comment to the press until she had the opportunity to do so.
Previously Haynes told the Tennessean that the Vanderbilt Board of Trustees, and not the hospital board, is the hospital’s governing body – hence, her involvement with the hospital, or the case, was not a conflict of interest.
John Howser, spokesman for Vanderbilt, in an e-mailed statement of Haynes’ role wrote, “Her relationship is a voluntary position on an advisory board for the hospital that does not oversee governance issues.”
A complaint against Haynes, filed by Olerud and not yet dismissed by the Tennessee Court of the Judiciary, has led to an ongoing disciplinary case.
The Court of the Judiciary doesn’t comment on its cases – unless it chooses to hand down public discipline on a judge.
The medical malpractice lawsuit seeks $10 million in damages for a flawed treatment plan that contributed to a delay in treating Rachel Olerud’s cancer – that ultimately led to her death.
Howser believes Vanderbilt will not contest the Court of Appeals, and expects to win under the new judge.
If you, or someone in your family, has been the victim of medical malpractice, contact a medical malpractice attorney to discuss the merits of your case. Monetary compensation may be awarded for your great loss, pain and suffering.