Jane Carr, Loyd Carr v. Daig-St. Jude Medical, David C. Pan, Orange County Heart Institute, St. Joseph Hospital
Published: Feb. 8, 2005 | Result Date: Dec. 13, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CC03286 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brian J.W. Boyd
(medical)
Marvin Appel
(medical)
Joshua P. Prager M.D.
(medical)
Heather Brien
(medical)
Defendant
Robert L. Shuman M.D.
(medical)
Edwin C. Amos M.D.
(medical)
Raj Makkar
(medical)
Facts
On Feb. 13, 2002, the 53-year-old plaintiff Jane Carr underwent an appropriate and medically indicated angiogram which showed only mild cardiac disease requiring no intervention. According to the plaintiff, Dr. David Pan made at least five unsuccessful attempts to puncture the femoral artery and finally had to call in an interventional radiologist to perform the puncture. However, an AngioSeal closure device was deployed at the end of the procedure to stop a persistent oozing of blood from the right femoral artery puncture site. The AngioSeal failed to completely stop the oozing and manual pressure was successfully employed but required her to spend the night in the hospital under observation. When she was released the following day, she had no bleeding. The next day, she called the doctor and complained of oozing and was seen and examined. Findings at that time were of no active bleeding and the healing well. On Feb. 19, she called to complain of right calf cramps and intermittent tingling sensations. The nurse advised her to increase her intake of bananas. She was also seen and examined the next day. The plaintiff testified at deposition and trial that she complained to the doctor that her right foot was cold but the doctor denied that she had made any such complaint that day. There was no indication in the chart that he examined her lower leg or check the pulses in her lower leg. At that time, her right leg was clearly viable with no detectable change in color or temperature. The doctor's differential diagnosis were arterial insufficiency, deep vein thrombosis or electrolyte imbalance. His level of concern was not high based upon her clinical presentation but he nevertheless ordered a doppler ultrasound of her right leg and groin to be done as soon as possible. Blood tests were also done. The ultrasound was scheduled for Feb. 25. She was to return in two weeks for follow-up. She called on March 1 for results but none were available. On Monday, March 4, she was seen and examined and she complained of a cold right foot. The doctor testified this was the date of her first cold foot report to him. The doctor observed the right foot was slightly cooler than the left foot. The doctor also noted from the ultrasound report that instead of a complete right leg arterial study he intended, the lab had only done an arterial study of the right groin. Because of the temperature difference of the right foot, the doctor immediately referred her to vascular surgeon Dr. Flanigan, who examined her the same day. He found the right foot slightly cooler but still clearly viable and scheduled a right leg arterial ultrasound which was done on March 6 in his own private vascular laboratory. The result showed a blockage in her right popliteal artery below the knee. The same blockage would have been detectable on Feb. 25 if a full right leg arterial study had been done. She was admitted immediately on March 6 and administered clot busting medication IV which had little effect. On March 7, Dr. Flanigan surgically removed the blockage which revealed for the first time parts of the AngioSeal closure device deployed on Feb. 13 and obviously embolized. A few weeks after Dr. Flanigan's surgery, she began to develop new and different symptoms of complex regional pain syndrome (CRPS) which was one of her ultimate diagnosis. She was successfully treated with a spinal cord stimulator which alleviated most of her pain symptoms. She was also diagnosed with a neuropathy in the area of Dr. Flanigan's vascular surgery which continued to cause her symptoms.
Settlement Discussions
Defendant Pan offered $20,000 before trial and $50,000 during trial which were rejected. Before trial, defendants Daig-St. Jude Medical and St. Joseph Hospital settled for $25,000 each.
Injuries
Complex regional pain syndrome to the patient and loss of consortium to the husband.
Deliberation
12 hours
Poll
9-3 (no negligence)
Length
10 days
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