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Personal Injury
Medical Malpractice
Wrongful Death

Mario R. Gagnon, et al. v. Vista Hospital Systems, et al.

Published: May 31, 2008 | Result Date: Jan. 28, 2008 | Filing Date: Jan. 1, 1900 |

Arbitration –  for Respondent

Court

Arbitration Forum


Attorneys

Claimant

Kent M. Henderson
(Guizar, Henderson & Carrazco LLP)


Respondent

Michael R. Packer


Experts

Claimant

Steven A. Roseman
(medical)

Marvin Appel
(medical)

Brian A. Palafox
(medical)

Respondent

Elliot Mercer
(medical)

William P. Klein
(Klein Law Group LLP) (medical)

Facts

On May 17, 2001, plaintiffs' decedent, 75, was treated at Corona Regional Medical Center with an abdominal angiogram and left iliac angioplasty. The respondent radiologist chose a 10-millimeter balloon for the patient. The patient was kept overnight because of the angioplasty. On May 18, the patient was found to be anemic and lightheaded. On May 19, an ultrasound was done on the patient, due to tenderness in her left lower quadrant. The patient's condition did not improve. On May 21, a surgeon was called in, who ordered a CT scan of the abdomen and pelvis. This was read to show a retroperitoneal hematoma. The patient remained in the hospital for her condition, but expired on May 28, from multi-organ failure. The claimants, the decedent's adult children brought this wrongful death action against the respondents.

Contentions

CLAIMANT'S CONTENTIONS:
The claimant contended that the radiologist caused a rupture in the patient's iliac artery when he performed the angioplasty using an oversized balloon; the radiologist failed to follow-up in the patient's aftercare; the radiologist failed to properly interpret the ultrasound on May 19; and that the radiologist failed to identify the source of the retroperitoneal hematoma as seen on the CT-scan on May 21.

RESPONDENT'S CONTENTIONS:
The respondent contended that the rupture of the artery is an inherent risk of the procedure. There was nothing on the films to show a problem during the procedure. The radiologist saw the patient after the procedure and she was in stable condition. The radiologist was never informed by the other treating physicians of any problem, until the May 19, ultrasound. The ultrasound was not diagnostic of a hematoma.

Result

For the respondent.


#102945

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