Arthur Sampson v. Dignity Health dba St. Francis Memorial Hospital; Michael Wahlers, M.D.; Victor Prieto, M.D.; Matloub Rahmey, P.T.; Helen Louie, O.T.; and Does 1 to 100
Published: Jun. 3, 2017 | Result Date: May 4, 2017 | Filing Date: Jan. 1, 1900 |Case number: CGC-14-542503 Summary Judgment – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
Carter M. Zinn
(Zinn Law Firm)
T. Andrew Davies
(Zinn Law Firm)
Defendant
Christopher T. Lustig
(Craddick, Candland & Conti)
Jennifer E. Elgie
(Lewis, Brisbois, Bisgaard & Smith LLP)
John H. Dodd
(Craddick, Candland & Conti)
Reuben B. Jacobson
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Arthur Sampson sued Dignity Health dba St. Francis Memorial Hospital, Michael Wahlers, M.D., Victor Prieto, M.D., Matloub Rahmey, P.T., and Helen Louie, O.T., in connection with a knee surgery.
Contentions
PLAINTIFF'S CONTENTIONS:
On Aug. 5, 2013, plaintiff underwent a right knee replacement performed by defendant Prieto. Defendant Wahlers administered the anesthesia before and during the procedure, as well as postoperatively. Whalers allegedly failed to properly insure that plaintiff's nerve block was reduced and that he was safe to ambulate. Plaintiff attempted to ambulate, but his knee buckled. Defendant Rhamey, plaintiff's physical therapist, and defendant Louie, plaintiff's occupational therapist, were allegedly on notice of plaintiff's knee condition, but failed to take precautions to ensure plaintiff's safety. Consequently, plaintiff fell after his right knee buckled and, as a result, he fractured his other knee.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses. Defendant Wahler moved for summary judgment, denying any violation of the standard of care.
Result
The court granted Wahler's uncontested motion for summary judgment.
Other Information
According to plaintiff, the doctor was named out of an abundance of caution, but after review, it was decided that he was not responsible for the injuries, and therefore, defendant's motion was uncontested. The matter continues against the remaining defendants.
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