David Seror, Chapter 7 Trustee of the Bankruptcy Estate of Frank and Tammy Collins v. Simi Valley Hospital and Health Care Services
Published: Jun. 24, 2000 | Result Date: Apr. 20, 2000 | Filing Date: Jan. 1, 1900 |Case number: SC017754 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Peter J. Zomber
(Law Offices of Peter J. Zomber PC)
Experts
Plaintiff
Patricia Spier
(medical)
David Battin
(medical)
Defendant
Debbie Suda
(medical)
William K. Hummer
(medical)
Facts
Plaintiff Tammy Collins, age 35, was admitted to Simi Valley Hospital for her fourth pregnancy on June 13, 1996
at 2:45 a.m. At 10:45 a.m., she was begun on a protocol of Pitocin to induce labor. At noon, an intrauterine
pressure catheter was inserted by the obstetrician. Fifteen minutes later, the baseline reading was below zero
and remained at zero for the next hour.
Thereafter, the baseline rose and plaintiff continued on Pitocin, which was raised every 15 to 30 minutes. At
2:45 p.m., the doctor examined the strips. At 6 p.m., when she was on 18 ml. of Pitocin, plaintiff had failed to
progress. Pitocin was increased to 20 ml., and at 8 p.m., the decision was made to have a cesarian section for
failure to progress.
At the time of delivery, the doctor noted a laceration of the uterus extending from the top of the uterus down
through the vaginal wall. This uterine tear was sutured and Tammy Collins was taken to the recovery room.
Thereafter, she began bleeding and was taken back into surgery and had to be transfused. She remained in the
ICU for several days and was discharged on June 19.
As a result of the laceration and subsequent repair, Tammy Collins underwent a hysterectomy in 1997.
Settlement Discussions
In 1997, Tammy Collins demanded $250,000 and Frank Collins demanded $50,000. At the mandatory settlement conference, the demand was $175,000. There were no offers by the defendant.
Damages
Plaintiff's husband filed a claim for loss of consortium.
Injuries
The plaintiff claims that she is in pain as a result of the hysterectomy and that she is unable to have sex with her husband without pain. She claims she was in constant pain throughout the first year after the hysterectomy and that she does not have the energy she had previously.
Other Information
The defendant doctor was dismissed for a waiver of costs prior to trial. Plaintiffs had filed for bankruptcy subsequent to this claim arising. Although the bankruptcy suit had been closed by the time this case was filed in Superior Court, the bankruptcy court reopened it and substituted the trustee in bankruptcy as the plaintiff.
Deliberation
70 minutes
Poll
10-2
Length
four days
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