Jerko Mardesic, Maria Mardesic v. Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group
Published: Aug. 17, 2004 | Result Date: Dec. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: A000141 Arbitration – $390,389
Judge
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Theodore H. O'Leary
(Packer, O'Leary & Corson)
Experts
Plaintiff
Namir Katkhouda
(medical)
Defendant
Myron S. Goldstein
(medical)
Facts
On Aug. 23, 1996, Jerko Mardesic underwent an open cholecystectomy at a Kaiser hospital. The surgeon found multiple stones, including one in the neck of the gallbladder. The surgeon accidentally severed the common bile duct when he removed the gallbladder. The surgeon identified that injury right away and performed a Roux-en-Y hepaticojejunostomy to fix the severed duct. On Aug. 27, Mardesic was discharged after tolerating a normal diet. However, he was readmitted that same day for uncontrollable vomiting. An x-ray revealed a mild ileus and Mardesic was diagnosed with postoperative ileus. On Aug. 31, Mardesic was discharged. A day later, he was readmitted for nausea, vomiting and diarrhea of unclear etiology. On Sept. 3, a complete blockage of the third portion of the duodenum was noted on an upper GI film. On Sept. 5, the surgeon performed an exploratory laparotomy and a revision of the Roux-en-Y anastomosis. Massive dense inflammatory adhesions from the prior surgery were blocking the duodenum. On Sept. 9, a CT scan of the abdomen showed a bowel leak. Thus, on Sept. 11, a CT-guided catheter was inserted to drain the fluid collection in the left abdomen and 22 cc of fluid was aspirated. The drainage catheter was left in place. The plan was to measure the daily output and repeat the CT in one week. Mardesic was at high risk for further surgery, so he was medicated and periodically drained of the fluid collections. On Feb. 25, 1997, another Kaiser surgeon performed an exploratory laparotomy, lysis of adhesions, a small bowel resection, a jejunostomy and closure of mid-abdominal fistulas. On April 10, 1997, Mardesic was discharged.
Settlement Discussions
The plaintiffs demanded $400,000.
Damages
Mardesic sought approximately $60,000 in loss earnings for his work as an automobile mechanic.
Injuries
Mardesic claimed that he suffered the removal of one centimeter of the cystic duct that needed to be treated with multiple surgeries.
Other Information
This case was arbitrated twice, in 1999 and 2003. Prior to the 1999 arbitration, the plaintiffs moved for continuance based on allegations that Kaiser had purposely delayed making their expert available for deposition until days before the arbitration. The plaintiffs argued that they were denied a reasonable and fair opportunity to complete discovery in a timely manner and allow sufficient time for their own expert to prepare and respond to defense expert's testimony. Also, the plaintiffs' attorney had a family emergency which took him out of the country. The arbitrator denied the request for continuance and found in favor of Kaiser. The state court upheld the decision. However, plaintiffs successfully appealed and a second arbitration was held in 2003. The second arbitrator found for the plaintiffs.
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