Joseph and Justin Vidana, et al. v. Garfield Medical Center
Published: Sep. 16, 1995 | Result Date: Aug. 16, 1995 | Filing Date: Jan. 1, 1900 |Case number: GC011608 – $6,300,000
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Steven A. Heimberg
(Heimberg Barr LLP)
Defendant
Janet E. Trapp
(Dummit, Buchholz & Trapp)
Yuk K. Law
(Law & Brandmeyer LLP)
Louis "Duke" DeHaas Jr.
(LaFollette, Johnson, De Haas, Fesler & Ames APC)
Experts
Plaintiff
Michael S. Adams
(technical)
Susan Sniderman
(medical)
Howard C. Rile Jr.
(technical)
Zane A. Brown
(medical)
James A. Pasino
(medical)
William F. Kneeland
(medical)
William A. Frumovitz
(medical)
Richard Richard Adams
(medical)
Defendant
William K. Hummer
(medical)
Dean Moyer
(medical)
James E. Davis
(medical)
Paul Gilmartin
(medical)
Rosemary Leake
(medical)
Ken Kimble
(medical)
Perry R. Lubens M.D.
(medical)
Alfred D. Chichester
(technical)
Jaime Mejlszenkier
(medical)
Jeffrey P. Phelan
(medical)
Barbara C. Luna
(technical)
Ronald S. Gabriel M.D.
(medical)
Michael P. Nageotte M.D.
(medical)
Gina Maslow
(medical)
Michael E. Ross
(medical)
Barbara S. Moyer
(medical)
Facts
On March 14, 1987, Mary Helen Vidana was 30 weeks pregnant with her twins, Justin and Joseph Vidana. Five weeks earlier she had had an episode of vaginal bleeding after intercourse associated with uterine contractions. She had been placed on agents to suppress her contractions and stayed in the hospital for approximately one week. On March 14, 1987, she began to experience abdominal pain. The next day, March 15, she went to the hospital near her prenatal care clinic; she was seen by Dr. Patel. Dr. Patel transferred her to Defendant Garfield Medical Center; after completing various tests, Defendant Dr. Patel diagnosed Ms. Vidana as having twins, increased amniotic fluid, and premature labor; he treated her with anti-contraction medicines and left the hospital for the night. Through the night, Ms. Vidana had no complaints of abdominal pain and was able to sleep off and on. There were problems obtaining fetal heart beats; this was attributed by the nurses to increased amniotic fluid and having twins. At approximately 3:00 a.m. on March 16, Ms. Vidana had an onset of uterine contractions and vomiting with microscopic amounts of blood in the vomitus. At approximately 5:30 a.m., she again started to complain of abdominal pain. Dr. Patel, having been informed of all findings, did not believe there was any danger to the mother or babies. At 8:00 a.m., Defendant Dr. Vayakornvichit took over Ms. Vidana's care; he described her pain at that time as severe and found her to have significantly high blood pressure and severe uterine tenderness. Because of a combination of her age (34 years), these clinical findings, the existence of twins, and the difficulty in obtaining good fetal monitor tracings, Dr. Vayakornvichit obtained a consultation from Dr. Suzuki, a specialist in high-risk obstetrics. Dr. Suzuki found no uterine tenderness and no uterine contractions. He found no abnormalities other than increased amniotic fluid and borderline blood pressure. He too was unable to find the babies' heartbeats and ordered an ultrasound, which was normal; he then discontinued one of the anti-contraction medications and left. For approximately one additional hour, Ms. Vidana complained of significant abdominal pain. Thereafter, up to the time of the C-section, the records revealed only one additional complaint of abdominal pain; however, Dr. Vayakornvichit claimed that the abdominal pain and uterine tenderness became far worse over the next several hours. At approximately 2:30 in the afternoon, Dr. Suzuki returned; before and after that time, Mr. and Mrs. Vidana were informed that a C-section would be performed if uterine contractions continued. The contractions continued, and at 4:00 p.m., Dr. Vayakornvichit performed a C-section, allegedly because of concerns of placental abruption, fetal distress, and pre-eclampsia. Dr. Suzuki did not participate in the C-section itself; his involvement in recommending the C-section, if any, is uncertain. According to his operative report, Dr. Vayakornvichit observed a large abruption of the placenta during the operation. At birth, both children had normal head circumferences and normal neurologic exams; soon thereafter, Joseph experienced a gastric rupture and was transferred to Children's Hospital of Orange County. Both children remained hospitalized for approximately 2 months, with Joseph having a far rockier neonatal course than Justin.
Settlement Discussions
Plaintiffs contend they made 998 demands on July 18, 1994, in the amounts of $1,000,000 for Justin and $2,000,000 for Joseph; increased to $4,750,000 for both children; and Defendant Vayakornvichit offered $550,000 (structured) increased to $900,000 increased to $2,000,000; and Defendant Suzuki offered $300,000.
Specials in Evidence
$600,000 to $1,000,000 (for each child) $5,500,000 (Joseph and Justin combined)
Injuries
Joseph: moderate cerebral palsy and moderate mental retardation. Justin: mild retardation, but physically normal. Treatments and/or surgeries, current and/or future as well as residuals, were not disclosed.
Result
$6,300,000 present value verdict against Dr. Sankiat Vayakornvichit ($4,250,000 to Joseph, reduced by MICRA to $4,200,000; $2,100,000 to Justin); $5,900,000 economic damages; and $450,000 non-economic damages.
Other Information
Nonsuit was granted to Dr. Suzuki after Dr. Suzuki and Plaintiffs settled for $300,000 in return for Plaintiffs' agreement not to oppose Motion for Nonsuit; nonsuit was granted to Dr. Patel; and Garfield Medical Center was dismissed pursuant to Summary Judgment Motion prior to trial.
Deliberation
5 days
Poll
12-0 negligence, causation
Length
27 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390