Dennis Grissett, Jr., a minor, et al. v. Josiah Friedlander, M.D.; Stephen McColgan, M.D.; et al.
Published: Jul. 1, 1995 | Result Date: Jun. 9, 1995 | Filing Date: Jan. 1, 1900 |Case number: VC014753 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Susan Selser
(medical)
Donald J. Schiller
(medical)
John W. Levine
(Law Office of John W. Levine)
(medical)
Robert W. Johnson CPA
(technical)
Defendant
Mickey Kolodny
(medical)
Leo A. Gordon
(medical)
Facts
On April 17, 1993, Dennis Grissett, an 18-year-old student, was involved in an altercation which resulted in his being stabbed. He was taken to the emergency room at Bellflower Doctors Hospital; Defendant emergency room physician Dr. Friedlander evaluated the patient and concluded that he had a superficial wound. He was discharged with instructions to return if his condition changed. The patient went home and, 3 hours later, returned to the emergency room with complaints of abdominal pain and vomiting. Based upon the clinical deterioration, it was suspected that the patient had a surgical abdomen and, accordingly, a surgical consultation was indicated. After several attempts to obtain a surgeon were unsuccessful, Dr. Friedlander contacted the chief of surgery, Defendant Dr. Stephen McColgan, for instructions. Upon ascertaining that none of the surgeons covering the emergency room were available, Dr. McColgan agreed to see the patient. Several hours thereafter, Dr. McColgan proceeded to perform an exploratory laparotomy, in an effort to identify and repair the abdominal injuries. Dr. McColgan identified that the instrument (believed to be an ice pick) perforated the front of the duodenum, which he repaired. It was conceded, however, that the ice pick continued on through the duodenum, exited the back wall, and lacerated the right kidney and renal vein -- all of which Dr. McColgan failed to identify and thus repair. Approximately 4 hours after surgery, the patient experienced a cardiac arrest, secondary to blood loss as a result of the failure to detect and repair the vascular injury, and expired. Plaintiffs were the 2 minor children of the decedent.
Settlement Discussions
Defendants contend they gave no consent and therefore made no offers and Plaintiffs demanded $250,000.
Specials in Evidence
$500,000
Injuries
Death of father of 2 minor children.
Deliberation
1.5 hours
Poll
11-1 Dr. Friedlander; 10-2 Dr. McColgan
Length
11 days
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