Michael Casey v. Atul Jani
Published: Jul. 8, 2006 | Result Date: Apr. 25, 2005 | Filing Date: Jan. 1, 1900 |Case number: M62331 Verdict – Defense
Court
Monterey Superior
Attorneys
Plaintiff
Stephen H. Fredkin
(Law Offices of Stephen H. Fredkin)
Defendant
Experts
Plaintiff
Charles Higgins
(medical)
Perry Shoor
(medical)
Tom Thomas
(technical)
Carol R. Hyland M.A.
(technical)
Defendant
Barry M. Gardiner
(medical)
David Wixson
(medical)
Marc A. Cohen M.D.
(technical)
Bruce T. Adornato M.D.
(medical)
Facts
On Dec. 16, 2001, Drs. Min Yi and Atul Jani treated 45-five-year-old plaintiff Michael Casey for an infection caused by intravenous heroin use. The doctors performed a skin debridement procedure, during which Yi accessed a triple line. Yi believed she had placed the line in the right internal jugular vein.
Following the procedure, a chest x-ray was taken. Jani reviewed the x-ray and confirmed the proper placement of the line in the jugular vein. The plaintiff suffered a stroke several hours after the procedure. Tests showed that the stroke may have been caused by the placement of the triple line in the right carotid artery. This placement may have caused a thrombus to form, and this thrombus may have then dislodged and traveled to plaintiff's brain.
Contentions
PLAINTIFF'S CONTENTIONS:
Casey sued Jani for medical malpractice, contending he negligently misread the x-ray result. The plaintiff did not sue Yi, because placing the triple line in the artery was a blind procedure.
DEFENDANT'S CONTENTIONS:
The defendant countered that the X-ray was not misread, that there was no indication that the IV was placed in the right carotid artery, that chest X-rays cannot tell a surgeon if the line is in a vein or artery, and that the line appeared to be in a vein and not the carotid artery. Further, defendant claimed the stroke was caused by a thrombus breaking off from Casey's lower extremity and migrating upstream to his brain.
Settlement Discussions
The plaintiff demanded $500,000, but defendant offered nothing.
Injuries
The plaintiff suffered stroke symptoms on the left side of his body and has limited use of his left hand and left arm. However, the plaintiff has been able to return to work part-time.
Result
The jury determined that defendant was not negligent.
Deliberation
2.5 days
Poll
9-3
Length
eight days
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