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Personal Injury
Medical Malpractice
Negligent Care

Charles L. Qualls v. Sanagaram S. Shantharam, M.D.; County of Fresno

Published: Apr. 4, 1998 | Result Date: Oct. 8, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 5814645 Verdict –  $0

Judge

Lawrence Jones

Court

Fresno Superior


Attorneys

Plaintiff

James J. Mele
(Mele Law Office)


Defendant

Carey H. Johnson


Experts

Plaintiff

Rick A. Sarkisian
(technical)

Paul D. Holtom
(medical)

Gerald D. Martin
(technical)

Ghol B. Ha'Eri
(medical)

Defendant

Loretta B. Chou
(medical)

Facts

On Sept. 24, 1995, plaintiff Charles Qualls, a 54-year-old gardener and lanscaper, fell from a ladder while painting his son's home, fracturing his ankle. The plaintiff was a diabetic who had required insulin for 30 years. He was taken to the defendant County of Fresno's Valley Medical Center where he underwent open reduction and internal fixation of the fracture performed by defendant Dr. Shantharam. He was discharged from the hospital on Sept. 27, 1995. Between Sept. 27, 1995 and March 6, 1996, the plaintiff was seen 11 times by the defendant, the Chief of Orthopedics, or physicians under their supervision. Between Dec. 1, 1995, and Feb. 2, 1996, he also received wound care from a therapist at a facility closer to his home by order of the defendant. At the end of December 1995, the therapist noted pus in the wound. The defendant was informed of this on Jan. 2, 1996, and on Jan. 3, the plaintiff was seen at Valley Medical Center. On Jan. 4, the defendant returned the plaintiff to surgery for removal of the hardware, drainage of the pus and irrigation of the wound. Thereafter, the wound appeared to heal. By March 6, 1996, the defendant found that the wound was "healing very well." X-rays taken on that date were read by Shantharam as indicating satisfactory healing. On July 10, 1996, the plaintiff returned to the medical center with a collapsed left ankle. The plaintiff brought this action against the defendants based on a medical negligence theory of recovery.

Settlement Discussions

No settlement discussions took place and the judge cancelled the settlement conference.

Specials in Evidence

$________ (claimed) over $25,000, after SSI

Damages

The plaintiff claimed in excess of $250,000.

Injuries

The plaintiff alleged that his ankle was completely destroyed with almost no range of motion, and may require future amputation.

Other Information

The verdict was reached approximately nine months after the case was filed. POST TRIAL MOTIONS: The plaintiff's motion for a new trial was denied.

Deliberation

1½ days

Poll

9-3

Length

10 days


#113982

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