Brian R. Moens v. Santa Barbara Cottage Hospital; Anesthesia Medical Group of Santa Barbara, Inc.; John W. Gibbs, Jr., M.D.
Published: Sep. 6, 1997 | Result Date: Aug. 8, 1997 | Filing Date: Jan. 1, 1900 |Case number: 214787 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Thomas C. Hurrell
(Hurrell Cantral LLP)
Experts
Plaintiff
Sheila Swanson
(medical)
James Burdumy
(medical)
Defendant
Michael A. Wienir M.D.
(medical)
Patricia Burkard
(medical)
Facts
On Aug. 11, 1995, plaintiff Brian Moens, a 39-year-old certified public accountant, was at defendant Santa Barbara Cottage Hospital for the birth of his baby. An epidural catheter was requested for the mother, and defendant Dr. John Gibbs (anesthesiologist) responded to the request. The plaintiff maintained that defendant Dr. Gibbs requested that the plaintiff position and hold the patient for an epidural anesthesia. While holding the mother, he fainted. He was taken to the emergency room where it was determined he had sustained a basilar fracture and concussion requiring hospitalization for three days. The plaintiff brought this action against the defendants based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $225,000 to defendant Dr. Gibbs and $150,000 to defendant Santa Barbara Cottage Hospital. The defendants made no settlement offers.
Specials in Evidence
$20,000 $40,000
Damages
The plaintiff claimed $500,000 in damages.
Injuries
The plaintiff suffered a basilar fracture and concussion with residual injuries, including mild cognitive deficits, loss of smell and corresponding loss of taste and occassional mild vertigo and tinnitus.
Other Information
EXPERT TESTIMONY: The plaintiff's expert testified that the plaintiff had suffered a skull fracture and brain contusion resulting in damage to the number one cranial nerve (loss of smell) onset of positional vertigo, cognitive deficits and depression. The plaintiff's anesthesiology expert testified that it was the standard of care to inquire of a support person whether or not they wanted to remain, and if they remained, to offer a chair. The plaintiff's nursing expert testified that the labor and delivery nurse standard of care required an inquiry into the father's condition, including offering the father an opportunity to leave and if the father chose to remain, insuring a chair was nearby. Defense expert Dr. Belleville stated it was not below the standard of care for a support person to assist the anesthesiologist during epidural anesthesia, that the decision was best left to the anesthesiologist depending on the circumstances at the time. Defense expert Dr. Weiner testified that based on his neurological examination of the plaintiff, he did not appear to have any deficits. Defense expert Patricia Burkard testified that there is no recognized specific standard of care relating to the role of a nurse regarding fathers present during labor and delivery. She further testified that the standard of care does not require a nurse to inquire of the support person whether or not they had anything to eat, or if they were disturbed by the sight of needles, or to offer the support person a chair.
Deliberation
2 hours
Poll
9-3 (defendant Dr. Gibbs), 10-2 (defendant Santa Barbara Cottage Hospital)
Length
9 days
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