This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

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

Richard M. Aronson

Court

Orange Superior


Attorneys

Plaintiff

James E. McElroy


Defendant

Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)

Leslie C. Ahrens


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


#103187

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390