Mary Bresson, Verle Bresson v. Ricardo Cacdac
Published: May 20, 2003 | Result Date: Feb. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: INC012581 Verdict – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Steven B. Goldstein
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
William Dean Johnson
(medical)
Brendon Carroll M.D.
(medical)
Alex Christ
(medical)
Defendant
Scott R. Karlan
(medical)
Dale E. Isaeff
(medical)
Facts
The plaintiff, a 67-year-old retiree, presented to the emergency room of Desert Regional Medical Center on April
26, 1998 complaining of nausea, sepsis and rigor. Blood cultures revealed microaerophillic streptococcus. She
was admitted to the hospital and her care was assumed by her primary physician, Alex Christ.
A surgical consult was performed by the defendant Dr. Ricardo Cacdac who diagnosed gangrenous
cholecystitis and planned surgical intervention. Dr. Cacdac commenced a laparoscopic cholecystectomy.
During the procedure, he perforated the gallbladder. Dr. Cacdac, assisted only by an operating room
technician, converted to an open procedure and noted a gangrenous gallbladder with multiple adhesions, pus
and anatomical distortions secondary to infection. Due to excessive blood loss during the surgery, the plaintiff
required three units of packed red blood cells. Dr. Cacdac was only able to visualize the fundus of the
gallbladder, but proceeded retrograde and identified that portion of the cystic duct as it intersected with the
common hepatic and bile ducts. Surgical clips were mistakenly to both the common hepatic duct and the
common bile duct applied and the gallbladder was extracted from the biliary tree. Post-operative indirect
bilirubin went from 0.9 to 4.1 in five hours after surgery, diminished to 3.8 the following day, but returned to
4.7 the next day. Direct bilirubin went from .04 to 2.8 in 36 hours. No diagnostic tests were ordered during the
next four days, and on May 1, Dr. Cacdac left for a prepaid medical conference.
The plaintiff's care was transferred to Dr. Cacdac's associate, Janet Ihde. On May 2, Dr. Ihde noted the
elevated bilirubin of 8.1 and jaundice. Multiple diagnostic tests demonstrated surgical clip at the confluence of
the common hepatic ducts and another on the common bile duct. The plaintiff then developed sepsis and a
heart murmur. She was diagnosed with endocarditis, was discharged to a skilled nursing facility for six weeks
for IV antibiotic treatment.
On March 6, she was subsequently readmitted to Desert Regional Medical Center due to atrial fibrillation. On
March 14, she returned to Desert Regional Medical Center where she was diagnosed with atrial thrombus. She
subsequently went into atrial fibrillation, necessitating a second cardioversion.
On March 23, 2002, the plaintiff was admitted to Good Samaritan Hospital for mitral
valve replacement and pacemaker insertion. She was readmitted to Desert Regional Center in
July 2002 for treatment of bacterial endocarditis.
Settlement Discussions
The plaintiff demanded $250,000; the defendant offered $5,000.
Specials in Evidence
$668,000 $260,000
Injuries
Endocarditis, mitral valve replacement, fatigue and loss of consortium.
Other Information
The motion for a new trial was waived in exchange for a waiver of costs.
Deliberation
90 minutes
Poll
9-3
Length
16 days
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