Martha Duarte, et al. v. Chino Community Hospital, et al.
Published: Jan. 11, 1997 | Result Date: Nov. 27, 1996 | Filing Date: Jan. 1, 1900 |Case number: RCV063135 – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
James R. Parrett
(Susson Parrett & Odell)
Scott R. Diamond
(Diamond & Dragojevic LLP)
Experts
Plaintiff
Lawrence Schneiderman
(medical)
Mark Germain
(medical)
Defendant
Richard Blum
(medical)
Daniel S. Asimus
(medical)
Stewart H. Gleischman M.D.
(medical)
Facts
The plaintiffs are the seven surviving family members of decedent Martha Duarte, who on June 3, 1991 was injured in a head-on collision which left her in a coma. She was taken to defendant Chino Community Hospital's emergency room where, as a result of her condition, she was placed on a respirator. On July 4, 1991, the decedent died as a result of the injuries she received in the automobile accident, without ever coming out of the coma. During the course of her hospitalization, defendant Dr. Ou was the attending physician for the decedent. Dr. Vira acted as a consulting neurologist, Dr. Hsu consulted as a critical care physician and Dr. Leiderhaus consulted as a neurosurgeon. Within the first week of the hospitalization, the family members were advised by Dr. Vira that the decedent was in an irreversible coma with no hope of recovery. Approximately 10 days after the decedent had been admitted to the hospital, the plaintiff family requested that life support be withdrawn. Defendant Dr. Ou, the attending physician, indicated to the family that the decedent still had brain function and that he would not withdraw life support. He also advised the family that if they wished life support to be withdrawn, that they could get a court order. Defendant Dr. Ou advised the hospital administration that he felt uncomfortable withdrawing life support from this decedent because she still had brain function and that he would not do so. The defendant claimed that he indicated to the hospital administration that if the family wanted to transfer the decedent to another physician, he would respect their wishes and cooperate in the transfer. The plaintiffs claimed that the only discussion of a transfer was to a longterm care facility. The plaintiffs retained an attorney to assist them in accomplishing their goal of having life support withdrawn and a document was drafted by counsel for the hospital and plaintiffs' counsel whereby the family agreed that life support should be withdrawn, releasing the hospital and Dr. Ou from liability for complying with the family's request. The attorneys had numerous conversations and at least one meeting with the hospital administrators in an effort to have life support withdrawn. However, defendant Dr. Ou continued to refuse to withdraw life support and no other doctor was found who would do so. Per the defendants, no request to transfer the decedent to another physician was ever made. During the latter part of the decedent's hospitalization, her physical condition began to deteriorate and she suffered from kidney failure which caused swelling, discoloration and oozing of fluids. The plaintiffs contended that they were forced to witness the physical deterioration of their mother and wife for this three-week period and that defendant Dr. Ou, despite his claim that he had hope for some recovery for the decedent, took no medical action which was consistent with that hope. The plaintiffs brought this action against the defendants based on medical malpractice, battery and negligent and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $50,000 on behalf of each plaintiff (totaling $350,000). The defendants made no settlement offers (no consent).
Damages
The plaintiffs asked the jury for $1.8 million in damages. (The court previously ruled in limine that each plaintiff was entitled to ask for $250,000 under Micra.)
Injuries
The plaintiffs contended that they were forced to witness the physical deterioration of their loved one for three weeks, which caused them emotional distress and psychiatric injury. Of seven plaintiffs, only one plaintiff, Maria Ponce, treated for her psychiatric injuries with a therapist and psychiatrist. Plaintiff Ponce claimed panic disorder and anxiety as well as depression as a result of witnessing the physical deterioration of her mother during this three-week period where defendant Dr. Ou refused to withdraw life support.
Other Information
The verdict was reached approximately four years and four months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held before Judge Kayashima. The plaintiffs demanded $350,000, but there was no consent or offer by either defendant. ARBITRATION: An arbitration resulted in a defense award.
Deliberation
1+ days
Poll
9-3 (negligent and intentional infliction of emotional distress for Dr. Ou), 10-2 (negligent and intentional infliction of emotional distress for Chino Community Hospital)
Length
12 days
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