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Allen v. State4/2/2002
ood clots, the coroner's testimony as to several "possibilities" regarding the development of Mary Fink's blood clot, and the potential intervening cause of her treating physicians' conduct, appellant argues that the evidence was insufficient to sustain his convictions. Appellant does not challenge the sufficiency of the evidence as to any other element of this conviction or the conviction pertaining to Albert Fink.
When reviewing an appeal based on sufficiency of the evidence, we view the evidence, and any applicable inferences based on the evidence, in a light most favorable to the State. Nixon v. State, 994 P.2d 324, 329 (Wyo.1999); and see Pool v. State, 2001 WY 8, 17 P.3d 1285 (Wyo.2001). In conducting such a review, we do not substitute our judgment for that of the jury; rather, we determine whether a quorum of reasonable and rational individuals would, or even could, have found the essential elements of the crime were proven beyond a reasonable doubt. Id. McFarlane v. State, 2001 WY 10, 4, 17 P.3d 31, 32 (Wyo. 2001).
Even though it is possible to draw other inferences from the evidence which has been presented, the jury has the responsibility to resolve conflicts in the evidence. Bloomquist, 914 P.2d at 824. We incorporate our prior discussion herein on the legal standard for "proximate cause."
[ ] After ankle surgery on May 6, 1999, Mary Fink experienced dizziness at the hospital on May 7, 1999, and died. The hospital's pathologists performed an autopsy, which the coroner, Dr. Thorpen, attended. According to Dr. Thorpen, Mary Fink's cause of death was "bilateral pulmonary emboli," or blood clots "which form in the different parts of the body, primarily the deep veins of the lower extremities and the pelvis." Blood clots age without producing symptoms until a part, or the entire clot, breaks off, travels up the venous system to the heart, and lodges in the pulmonary artery. On May 7, 1999, a blood clot (or pieces of the clot) the diameter of an adult thumb--an inch or greater--did exactly this, causing Mary Fink to immediately lose oxygen, which is "not survivable."
[ ] One can estimate a clot's age by utilizing its microscopic characteristics as a "guideline." After examining slides of Mary Fink's blood clot, Dr. Thorpen agreed with the hospital pathologist that the clot "could have happened at any time but most particularly probably in the one to two weeks following the accident." He stated repeatedly that the clot was "one to two weeks or older," five days old at a minimum, but acknowledged that it was "possible" that the clot could have been a month old, "possible" that the clot could have been there "already," and "possible" that the "thromboembolic event could have occurred anywhere at any time."
[ ] Dr. Thorpen conducted a complete review of Mary Fink's medical records and medical history. In speaking with her family, he could find no previous history of "a blood clot in the lower extremities." A "major" risk factor for developing blood clots is a blunt force injury or fracture to the lower extremities. In addition, Mary Fink was immobilized with some sort of orthopedic device and advised not to exercise or move that extremity, immobilization being an additional risk factor for developing clots. Dr. Thorpen characterized Mary Fink's ankle fracture as "considerable." Such an injury disrupts a vein's lining, slows blood flow to that area, and a clot begins to develop. According to Dr. Thorpen, the body's natural mechanism to dissolve clots likely failed Mary Fink due to the leg trauma and resulting damage to her veins.
[ ] As far as other relevant risk factors, Dr. Thorpen did observe that Mary Fink was obese and fifty-five years of age (risk of develo
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