Bobby L. Lo, Nancy V. Lo v. Greater Fresno Health Organization Inc., dba North Marks Clinic; Vang Moua, a Physician Assistant; and Does 1 through 50
Published: May 13, 2017 | Result Date: Oct. 18, 2016 | Filing Date: Jan. 1, 1900 |Case number: 15CECG00854 Verdict – Defense
Court
Fresno Superior
Attorneys
Plaintiff
James J. Mele
(Mele Law Office)
Patrick L. Fourchy
(Law Offices of Patrick Fourchy)
Defendant
Richard S. Salinas
(Salinas Law Group Inc.)
Facts
Bobby Lo and Nancy Lo sued Greater Fresno Health Organization Inc. dba North Marks Clinic and Physician Assistant Vang Moua, involving allegations of medical malpractice in connection with the death of their 19-year-old son Ricky Lo.
Contentions
PLAINTIFFS' CONTENTIONS:
On Aug. 11, 2014, the decedent presented to North Marks with a rash on his face that he allegedly developed when he went camping. The decedent was seen by Physician Assitant Moua who treated him with Cephalexin, an antibiotic, based on her suspicion that decedent had cellulitis and dermatitis brought on by poison oak contact.
The decedent returned to North Marks on Sept. 8 and Sept. 15, each time with the same complaints. On his final visit, the decedent presented with a full-body rash that was severe. Consequently, the decedent was transferred to Community Regional Medical Center and remained there until his death on Oct. 1. Decedent's death was later determined to be caused by a rare and potentially fatal immunodeficiency condition called hemophagocytic lymphohistiocytosis.
Plaintiffs asserted a medical malpractice claim, arguing that the antibiotics triggered the decedent's rare condition.
DEFENDANTS' CONTENTIONS:
Defendants contended that medical testing could not be performed on the decedent due to issues with the family, which resulted in the delayed diagnosis. Consequently, the delay in diagnosis made any corrective treatment futile. Defendants also contended that the decedent's condition was unrelated to Moua's administration of antibiotic. Moreover, that Moua's prescription was reasonable given the symptoms the decedent presented. Overall, defendants contended that they met the standard of care.
Damages
Plaintiffs sought damages for their son's wrongful death.
Result
The jury rendered a verdict in favor of the defense.
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