Amanda Schroeder, Carol Schroeder-Schaeffer, et al. v. Raymond Folmar, Richard J. Winkle
Published: Jun. 3, 2000 | Result Date: Apr. 4, 2000 | Filing Date: Jan. 1, 1900 |Case number: 798022 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
John G. Rowe
(medical)
Ted W. Gay
(medical)
John C. Hiserodt M.D.
(medical)
Defendant
Robert Armen
(medical)
Patrick Fitzgibbons
(medical)
Daniel A. Capen
(medical)
Joseph Scherger
(medical)
Facts
On Oct. 7, 1997, the 61-year-old decedent underwent left total knee replacement at Anaheim General Hospital.
The operating surgeon, Dr. Ray Folmar, prescribed prophylactic Ancef, 2 grams every six hours, without
giving a cut-off order, although he allegedly wanted it stopped in 48 hours.
Co-defendant family practitioner, Dr. Richard Winkle, began following the decedent on October 9, when he
spiked a fever to 101 degrees. Dr. Winkle continued the antibiotics "prophylactically," indicating the surgeon
would stop them when he wanted.
The decedentÆs fever abated and he was transferred to the Transitional Care Unit on October 13, in preparation
for discharge. On the scheduled discharge day, October 17, the plaintiff went into shock. A stool culture was
positive for C-Difficile bacteria.
On October 19, the decedent died. An autopsy revealed the cause of death was septic shock due to pseudo
membranous colitis caused by C-Difficile.
Deliberation
2+ hours
Poll
9-3
Length
11 days
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