Allen v. Health Care Partners Medical Group
Published: Jun. 14, 2001 | Result Date: Jan. 29, 2001 | Filing Date: Jan. 1, 1900 |Case number: 815142 Verdict – $1,555,170
Judge
Court
Orange Superior
Attorneys
Plaintiff
Steven A. Heimberg
(Heimberg Barr LLP)
Defendant
Yuk K. Law
(Law & Brandmeyer LLP)
Experts
Plaintiff
Barry Sobel
(medical)
Richard D. Meyer
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Theodore Vavoulis
(technical)
Melvin Ira Scheer
(medical)
Facts
This case concerned the death of Charles Allen, a 51-year-old black male. The decedent had been gainfully
employed as a delivery truck dispatcher and operations manager for 7-UP Corp. and had a lengthy history of
adult onset diabetes, poorly controlled high blood pressure and elevated cholesterol and blood globulins. Since
January 1995, the decedent had been seen at Memorial Medical Group, where his primary care physician was
Richard Wexler, M.D. In January 1997, MMG was purchased by defendant HCPMG.
In mid-December 1997, the decedent began suffering from numerous symptoms, including night sweats, chills,
abdominal pain and a disputed fever, severe enough to result in missing work for at least two days. On Friday,
Dec. 19, 1997, the decedent went to Memorial Medical Group and was seen by Dr. Gerald Trostler because
Wexler was on vacation at the time. The exam in the chart for that visit was limited to an abdominal
examination, which was normal. Numerous lab tests, including general chemistries, a complete blood count
and sedimentation rate, were taken on a routine basis and the decedent was sent home with a diagnosis of
"abdominal pain." He was told to take Tylenol and to return if he got worse. There was a notation to check the
laboratory results.
Over the weekend, the decedentÆs symptoms continued, with the sweating and chills worsening. For each of
the next three days, he attempted to go to work, but was unable to finish. There was a factual dispute as to
when the decedent sought first to make an appointment for a subsequent visit. He was next seen late in the
afternoon of Dec. 23, 1997. At that time, both sides agreed that he was significantly worse with significantly
increased pulse and a substantial drop in his blood pressure. He was seen on this second visit once again by
Trostler. At that time, the lab results from Dec. 19, 1997 were reviewed for the first time, demonstrating an
increased white blood cell count and a "shift to the left," including 35 percent bands and an increased
sedimentation rate. He also had increased liver enzyme tests and blood glucose.
Trostler immediately sent the decedent across the street to the emergency room at Los
Alamitos Medical Center. Laboratory findings in the emergency room revealed even further
increases in his white count and pulse. The decedentÆs respiratory rate was also increased and
his blood pressure drop was essentially the same as it had been in the office. The liver and
enzymes and blood sugar had greatly further increased and the platelet count had dropped
precipitously, showing severe sepsis.
Settlement Discussions
There were numerous demands made by the plaintiff, but the last demand was for $29,999. The defendant made no offers.
Damages
As a consequence of the decedentÆs death, the plaintiffs suffered all of the non-economic losses associated with the wrongful death. Furthermore, the plaintiffs suffered loss of support and loss of household services.
Result
OTHER INFORMATION: As of the time the report was submitted, the court had tentatively ruled that MICRA was not applicable to this case because the defendant did not qualify as a "health care provider" under Civil Code Section 3333.2 and other MICRA statutes. Accordingly, the non-economic damages will not be reduced. The plaintiffs have submitted a cost bill, including C.C.P. Section 998 interest and expert costs, of approximately $250,000.
Other Information
* * * (CONTINUATION OF FACTS) The emergency room doctor at Los Alamitos Medical Center gave the decedent an antibiotic (Rocephin) and performed an ultrasound of the abdomen. Soon thereafter, the decedent was sent to a regular ward room and two hours later, he was started on new antibiotics - Ampicillin and gentamicin. At approximately midnight, he was seen by a gastrointestinal consultant, who diagnosed the decedent as suffering from sepsis. The next morning at approximately 6:00 a.m., the decedent was witnessed to have another episode of shaking chills. He was seen again by the gastroenterologist who ordered blood cultures to be drawn, as well as other blood tests to be performed. His white blood cell count had dropped to 5,000, while the bands stayed elevated at 28 percent. The liver enzymes had improved, but were still greatly elevated. The platelets continued to drop to 8,000. At that time, the decedent was transferred to intensive care unit. Shortly after his arrival in the intensive care unit, the decedent was seen by an infectious disease consultant, who diagnosed bacterial sepsis. He increased the antibiotic dosages and fluid being received by the decedent. Shortly thereafter, the decedent was seen by a critical care consultant, who concurred with the treatment proposed by the infectious disease consultant. That afternoon, trostler briefly saw the decedent. He concurred in the treatment ordered by the consultants and obtained a further hematology consultation for the decedent to assess the decreased platelets, as well as an ultrasound of the liver circulation, which was normal at that time. The hematologist concluded that the decrease in platelets was caused by the bacterial sepsis. By the next morning, Dec. 25, the decedentÆs bandÆs had increased to 43 percent and his pulse, respiratory rate and white blood cell count were significantly elevated. He continued to be febrile. Over the next day, he was seen again by the infectious intestinal and critical care consultants, he was not seen that day by Trostler. By mid-day, he appeared more alert and responsive and seemed generally to be doing better. He was transferred to a step-down unit from the ICU. At approximately 9:00 p.m. that day, the decedent began to become lethargic and less responsive and had frequent chills. His abdomen became distended and he appeared to be in severe abdominal pain. His blood oxygen level began decreasing dramatically and by approximately 11:00 p.m., he went into cardiopulmonary arrest from a presumed overwhelming septic event. At approximately 11:30 p.m. that night, the decedent died. Based on the foregoing facts, the plaintiffs sued Dr. Trostler, Dr. Wexler, the Memorial Medical Group, Blue Cross of California and Los Alamitos Medical Center. During the litigation, the plaintiffs dismissed Blue Cross of California and invited summary judgment motions from Los Alamitos Medical Center and Wexler. The plaintiffs thereafter added the Long Beach Memorial Medical Center (dba Memorial Health Tech Laboratories), HealthCare Partners Medical Group (a medical business that had purchased Memorial Medical Group) and the entity that employed Trostler and he other staff of Memorial Medical Group as defendants. The plaintiffs later dismissed the Memorial Health Tech Laboratories. On the initial trial date, during the initial motions in limine, the plaintiffs moved the court to recognize that Trostler and Memorial Medical Group were agents of HealthCare Partners Medical Group as a matter of law. The court so ruled. The plaintiffs then dismissed Trostler and Memorial Medical Group from the action and proceeded solely against defendant HealthCare Partners Medical Group.
Deliberation
five hours
Poll
9-2 (liability), 11-0 (damages). The parties lost all their alternates and one juror, but had earlier stipulated to a 9-2 verdict)
Length
12 days
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