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Personal Injury
Medical Malpractice
Negligence

Joan Givans v. Hugo Barrera, Octavio Cardona-Loya, Scripps Memorial Hospital

Published: Jul. 15, 2003 | Result Date: Jun. 24, 2003 | Filing Date: Jan. 1, 1900 |

Case number: GIC797564 Verdict –  $0

Judge

Janis L. Sammartino

Court

San Diego Superior


Attorneys

Plaintiff

Steven I. Kastner


Defendant

James D. Boley


Experts

Plaintiff

Edward Treisman
(medical)

Defendant

Leo J. Murphy
(medical)

Facts

The plaintiff presented to Scripps Hospital in Chula Vista on Oct. 16, 2001 with complaints of severe abdominal pain. Upon examination and x-ray, she was determined to have free air in her diaphragm which suggested a surgical problem in the GI tract. The defendant Dr. Hugo Barrera was called in to perform emergency exploratory surgery. He diagnosed a perforation of the right large intestine at the area of the cecum. Dr. Barrera resected the diseased portion of the colon, followed by a primary anastomosis. She was followed post-operatively for nine days and then transferred to Sharp Hospital in Chula Vista. On the date of transfer, Oct. 25, the patient was examined by a subsequent treating surgeon, Dr. Garo Yerevanian, who determined that the patient had re-perforated and likely had a disruption of the anastomosis. Dr. Yerevanian performed emergent surgery, removing portions of necrotic bowel and creating a protective ileostomy. The plaintiff underwent four additional surgeries in October and November 2001 and January 2003.

Settlement Discussions

The plaintiff demanded $224,999. The defendant offered a waiver of costs.

Injuries

The plaintiff wears a permanent ostomy bag and requires total parenteral nutrition (TPN) on a daily basis.

Deliberation

45 minutes

Poll

9-3 (negligence)

Length

five days


#107472

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