Carolina M. Ramos, Roberto Ramos Jr., Elena Ramos, Marie Escobedo, Dolores Escobedo, Martha Cardenas, Sergio Ramos v. Patricia Alvarado, M.D., DaVita Inc.
Published: Mar. 26, 2011 | Result Date: Sep. 6, 2010 | Filing Date: Jan. 1, 1900 |Case number: BC412279 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Peter J. Zomber
(Law Offices of Peter J. Zomber PC)
Experts
Plaintiff
Thomas Hemmen
(medical)
Defendant
Michael A. Gold
(Jeffer Mangels Butler & Mitchell LLP)
(medical)
Barry D. Pressman M.D.
(medical)
Donald F. Nortman M.D.
(medical)
Facts
Roberto Ramos was undergoing dialysis at a center run by DaVita Inc. He had an end-stage renal disease. On July 21, 2008, he went to DaVita for his dialysis. He was administered Heparin at the beginning of his dialysis session. He had initially complained and was administered Tylenol and eventually fell asleep. He was non-responsive until noon and was taken to the emergency room at the East Los Angeles Doctor's Hospital. A partial thromboplastin time (PPT) blood test revealed that Ramos was over Hearinized and he was subsequently transferred to St. Joseph's Hospital, where he remained non-responsive and placed on a respirator. He was taken off the respirator and pronounced dead two days later.
Ramos left behind a wife and six children. His survivors sued Dr. Patricia Alvarado and DaVita for medical malpractice, Alvarado, Ramos' treating nephrologis, was dismissed on the eve of trial.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Ramos was over Heparinized by DaVita's nurses and suffered from a slow bleed beginning with his initial complaints. Ramos should have been transferred to a hospital earlier where Protamine could have been administered to reverse the effects of Heparin.
DEFENDANTS' CONTENTIONS:
DaVita argued that Ramos suffered from multiple co-morbidities, including hypertension and diabetes. It further argued that it met the standard of care at all times and denied any liability for his death.
Damages
Plaintiffs sought to recover $557,000 for Ramos' lost wages, medical specials, and general damages.
Injuries
Wrongful death, emotional distress, loss of consortium, and loss of society.
Result
The jury returned a verdict in favor of DaVita.
Poll
10-2
Length
nine days
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