Facts

On May 8, 2009, Richard Kangah and Wisam Haddad performed a Whipple procedure on Kathy Hansen at Redlands Community Hospital to eliminate the head of her pancreas because it was suspected that she had pancreatic cancer. Hansen died that night. Her husband, Dirk Hansen, filed an action against Kangah, Wisam, and Redlands Community Hospital for wrongful death and misdiagnosis. The Hospital was later dismissed from the case.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that during the surgery, the doctors tore a major vein, which led to a second surgery. Further, plaintiff argued that a more experienced doctor should have performed the surgery, and that the vein surgery was improper because a clamp was used without express examination of the vein.

DEFENDANT'S CONTENTIONS:
Defendants argued that the injury was a recognized complication of the procedure of which the patient was advised and to which she consented. While she had a CEA result of 352, the patient was told that there was a possibility that no cancer would be found, and she elected to proceed with surgery. The dissection was a well-accepted technique carried out by two board-certified general surgeons with experience in performing Whipple procedures in the past.

Injuries

Plaintiff claimed death, emotional distress, loss of consortium, loss of services, loss of society, and pancreas injury.

Result

The jury awarded plaintiff $4,400,000, which was reduced to $1,900,000. The jury found that Dr. Haddad's negligence was not a substantial factor in causing the injury. The case was settled before the entry of judgment on behalf of Dr. Kangah.

Poll

12-0

Length

eight days