Facts

On Feb. 10, 2004, Susanna Sales who was not working because of developmental disabilities, passed away during her stay as a patient at the Memorial Hospital of Gardena. She was given admission to the hospital on February 7 due to dehydration, small bowel obstruction, and fecal impaction. Rene Umali, an attending surgeon, observed the bowel obstruction and tried disimpaction with dulcolax suppositories along with tap water enemas. Decedent was still stable for about two days until nurse Adonis Cariloria Canete gave her two doses of an oral osmotic laxative on February 9. Approximately 10 hours afterwards, decedent was not responsive and they were not able to save her. The coroner stated that she passed away due to pseudomembranous colitis superimposed on chronic ischemic colitis and likely bacterial emboli.

Aurora Johnson, David Sales, and Theresa Sales, decedent's siblings, brought suit against the Memorial Hospital of Gardena, Umali, Canete, and Beatrice Katala, the physician who encouraged that decedent go to the hospital, and Urgent Nursing Resource, a nursing registry. Except for Canete and the Memorial Hospital of Gardena, all of the defendants were voluntarily dismissed.

DEFENDANT'S CONTENTIONS:
The defendant's expert, R.N. Ginger Varca, gave testimony to the effect that the nurses were in compliance with the standard of care. Nurse Canete contended the cause of death was the doctor's improper order of the laxative when there was a diagnosed bowel obstruction. The defense also asserted that according to their expert, Leo Gordon that Susanna's cause of death included a combination of bowel obstruction, the osmotic laxative, pseudomembranous colitis and chronic ischemic colitis.

Settlement Discussions

A demand was made in the amount of $250,000.

Damages

The plaintiffs demanded $1,290 in burial expenses and $250,000 for noneconomic damages under MICRA. In closing argument, plaintiffs asked the jury for $1 million for noneconomic damages - $250,000 for each plaintiff and decedent.

Result

The jury returned a verdict in favor of the defense, and did not find negligence.

Other Information

Canete was insured by CNA; Memorial Hospital of Gardena was self-insured.

Deliberation

two hours

Poll

12-0

Length

four weeks