Cheryl Thrower, et al. v. Barry Pollack, M.D., et al.
Published: Nov. 29, 1997 | Result Date: Sep. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC013761 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michel F. Brones
(medical)
James Brill
(medical)
James Brill
(medical)
Arvid E. Underman
(medical)
Arvid E. Underman
(medical)
Michel F. Brones
(medical)
Defendant
Rodney Bluestone M.D.
(medical)
Daniel D. Whitcraft III
(medical)
Daniel D. Whitcraft III
(medical)
Rodney Bluestone M.D.
(medical)
Facts
On the evening of March 6, 1995, Charles Thrower (decedent), a 39-year-old man, was driven by his wife to the emergency room at Westlake Community Medical Center. Thrower arrived complaining of fever and progressive joint aches that had begun a few days prior. His right knee was swollen and painful, but not warm or erythematous, and he ached everywhere. Defendants alleged Thrower was slightly tachypneic and tachycardiac, but he was lucid, alert, oriented and cooperative during the physical examination. Thrower had developed knee pain over the preceding weekend followed by knee and soft tissue swelling with weakness and vomiting. A few days before admission, he had also developed signs of flu-like symptoms, generalized achiness and shoulder pain. Approximately 12 years earlier, Thrower had been diagnosed with systemic lupus erythematosus and was under the care of Daniel Wallace, M.D., a rheumatologist. In the few months before this incident, he had been treated for a flare-up of his lupus with methotrexate and prednisone. Plaintiffs claimed Thrower showed signs of going into remission. At the emergency room, Thrower was initially evaluated by defendant Barry Pollack, M.D. Thrower's wife, plaintiff Cheryl Thrower, asked that Wallace be contacted. Pollack elected to do an arthrocentesis to tap the knee to assess whether there was any sterile or non-sterile fluid, in the joint and to determine whether this was an inflammatory process, a lupus flare-up, or an infectious process. However, no fluid was retrieved. Thrower was given pain medication, which decreased his pain. Pollack next consulted with the patient's private physician, Dr. Daniel Wallace, M.D., (not a defendant) a well-known expert in systemic lupus erythematous. Pollack claimed Wallace confirmed Pollack's initial diagnosis, that Thrower's symptoms were consistent with lupus flare-up. Wallace advised that Thrower should be given Solu-Cortef, a steriod, which should rapidly improve Thrower's condition and transfer him to Cedars Sinai Medical Center if necessary. Pollack alleged that Thrower's symptoms improved somewhat, (the decedent's pulse decreased to 108, respirations to 20, blood pressure improved to 96/94, and the fever completely resolved.) However, Plaintiffs claimed routine blood tests ordered shortly after arrival in the emergency room showed evidence of infection but was ignored. Plaintiffs also claimed a urinalysis was ordered but decedent had no urine output during the three hour stay and this was also ignored. Pollack determined that the decedent's pain level had not diminished significantly enough and called the internist-on-call, Atul Aggarwal, to have Thrower admitted. Prior to the transfer, Plaintiffs alleged that Thrower's blood pressure was re-taken and found to be 96/64. Pollack alleged Aggarwal was apprised of the decedent's condition, vital signs, complaints and progress. Plaintiffs claimed that Pollack's emergency room evaluation note revealed that Pollack's and Aggarwal's admitting diagnosis was "lupus flare" with no mention of the possibility of infection or the administering of antibiotics. Plaintiffs claimed Aggarwal testified that Pollack never discussed the possibility of sepsis or infection. On March 7, defendants claimed Aggarwal started Thrower on prophylactic antibiotics because of his concern about possible sepsis and a septic knee. Thrower's condition drastically deteriorated. By 12:30 p.m., Plaintiffs claimed that laboratory contacted Aggarwall to advise him that Thrower's white blood count was severely depressed and his platelets (blood clotting eelments) had fallen. Aggarwall consulted with a variety of consultants and antibiotics were administered. On March 8, Thrower was diagnised with invasive Group A Streptococcal infection - necrotizing fascitis (flesh-eating bacteria). Thrower was transferred to Los Robles Hospital for surgery and hyperaric treatment. Thrower ultimately died in the early morning, March 9.
Settlement Discussions
The plaintiffs' original demand was for $3.25 million. There was a C.C.P. º998 offer of compromise later in the amount of $2,150,000 as to all defendants. At the final mandatory settlement conference, the plaintiffs made a demand on Dr. Pollack, the emergency physician, for $500,000.
Damages
The Plaintiffs' claimed damages for past support and services, loss of future earnings and support, funeral expenses and general damages.
Injuries
Death of a husband and father.
Result
*** CONTINUATION OF FACTS: The plaintiffs, the decedent's wife and two minor children, brought this action against the defendants, Pollack, the infectious diseases specialist, the internist, the hematologist, the rheumatologist, the nephrologist and medical center based on a medical negligence theory of recovery. Various settlements were reached with other defendants and the case proceeded with Pollack, the remaining defendant.
Other Information
The verdict was reached approximately two years after the case was filed. A settlement conference was held on January 15, 1997 before Judge Hadden. It did not resolve the matter. The infectious diseases specialist, the internist and the medical center settled for an undisclosed sum prior to trial. Judge Hadden ruled following the conclusion of plaintiffs' attorney's closing argument and prior to any closing argument on the part of the defendants' attorney.
Deliberation
______ hours
Length
10 1/2 days
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