Sara Helen McKoon, et al. v. Jules Perley, M.D.; Marvin Kaplan, M.D.; Bellwood Hospital, et al.
Published: Oct. 28, 1995 | Result Date: Oct. 10, 1995 | Filing Date: Jan. 1, 1900 |Case number: VC016220 – $98,600
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Ronald M. Papell
(Law Offices of Ronald M. Papell)
Defendant
William R. Boyce
(Boyce Schaeffer Mainieri LLP)
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Brendan J. Carroll
(medical)
Stephen Uman
(medical)
Stuart Holden
(medical)
Defendant
Isidor Schlossberg
(medical)
Stuart D. Boyd
(medical)
Peter Heseltine
(medical)
Leo A. Gordon
(medical)
Facts
In September of 1992, Earl McKoon, a 68-year-old retiree, was admitted to Defendant Bellwood General Hospital for placement of a penile implant. The surgery was performed by Defendant Dr. Jules Perley, a urological surgeon. The surgery appeared to proceed uneventfully; however, 2 days following the surgery, the patient began evidencing signs suggestive of a bowel leak. Dr. Perley immediately called in Co-defendant Marvin Kaplan, M.D., a general surgeon, for the purposes of performing an exploratory laparotomy to identify and repair the bowel leak. On October 3, 1992, the patient was taken to surgery; at which time Dr. Perley removed the previously placed implant and turned the surgery over to Dr. Kaplan for purposes of accomplishing the abdominal resection and reanastomosis of the bowel. The patient's postoperative course continued to deteriorate over the next ten days, evidencing an infection of the abdominal wall and continued leak of bowel contents from the abdominal incision. The patient, in critical condition, continued to deteriorate such that on October 14, 1992, the family demanded he be transferred to another hospital for additional surgical management. In accordance with the family's desire, the patient was immediately transferred to St. Mary's Medical Center, at which time another physician, specialized in colon and rectal surgery, advised that the patient was "near death" and required prompt surgical intervention. After resuscitating the patient with fluids, he was promptly taken to surgery, at which time it was discovered that the patient's bowel had become necrotic, with bowel contents freely flowing into and contaminating the abdominal cavity and infecting the abdominal wall. The patient underwent extensive surgical resection of the bowel and debridement of the abdominal wall and, although surviving the surgery, spent the next nine months hospitalized before ultimately dying in June 1993, never having recovered sufficiently to return home. Plaintiffs were the decedent's widow and 4 adult children.
Settlement Discussions
Defendant Kaplan contends that neither Defendant made an offer, gave no consent; and Plaintiffs demanded $450,000 jointly ($350,000 as to Perley, reduced to $200,000 before trial; and $150,000 as to Kaplan -- both 998's).
Specials in Evidence
$1,300,000 (compromised by Medicare for $184,000) $400 per month
Damages
General damages for wrongful death; loss of Social Security income due to death of spouse in the amount of $9,600 past and $48,000 future; Medicare lien of $184,500 and funeral expenses of approximately $5,800 -- $250,000 approximate total.
Injuries
Death of spouse/father.
Other Information
The verdict was reduced to $93,600 net as a result of a $5,000 pretrial settlement on behalf of Bellwood General Hospital.
Deliberation
6.5 hours
Poll
9-3
Length
8 days
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