Jim Stone, David Stone v. Zafar Parvez
Published: Oct. 8, 2005 | Result Date: May 26, 2005 | Filing Date: Jan. 1, 1900 |Case number: 04CECG00781SJK Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
William M. White
(White & Canepa LLP)
Experts
Plaintiff
Marco G. Patti
(medical)
Geren Nichols
(medical)
Kirk A. Blackerby
(technical)
Defendant
Roger Fast
(medical)
Leo J. Murphy
(medical)
Facts
In 2002, Jeanette Stone consulted Zafar Parvez M.D. regarding gastric bypass surgery. Stone was 5'4" tall and weighed 288 pounds. Parvez informed Stone that there were risks inherent in gastric bypass surgery, including respiratory distress, leakage, and death. With the assistance of Roger Fast M.D., Parvez performed the gastric bypass surgery on Stone at Fresno Surgery Center on Sept. 24, 2002. Stone appeared to be doing well immediately following surgery. However, on Sept. 26, Stone began complaining of shortness of breath and severe lower abdominal pain. Parvez ordered a chest X-ray and arterial blood gasses. The X-ray showed a possible fluid overload and no free air. The blood gasses did not show acidosis, which is a symptom of leakage. Stone continued to complain of gas pain but was able to swallow liquids with no pain. Parvez issued an order for a Fleet enema and abdominal X-ray. Stone's abdominal pain subsided, but her respiratory condition deteriorated significantly. Parvez transferred Stone to the ICU at Kaiser Medical Center. Parvez was no longer involved with her treatment. On Sept. 27, Geren Nichols M.D. operated on Stone to locate and repair a leak at the gastrojejunostomy. On Oct. 6, an NG tube was inserted without radiographic guidance. On Oct. 7, an abdominal CT scan showed that the NG tube had perforated the gastric pouch. On Nov. 9, Stone had surgery to repair the perforation. On Dec. 21 and Jan. 9, Stone underwent additional surgeries to repair the damage. On Jan. 23, 2002, Stone died of multi-system organ failure, peritonitis and ongoing leaks, which caused chronic infection. Stone's husband, Jim Stone, and her son, David, sued Parvez for medical malpractice.
Settlement Discussions
Plaintiff Jim Stone demanded $1,999,999.99 (CCP 998); Plaintiff David Stone demanded $99,999.99 (CCP 998). The defendant offered $29,999.99 to Jim Stone (CCP 998) and waiver of costs to David Stone (CCP 998).
Damages
The plaintiffs claimed damages for $135,000 to $150,000 for loss of household services; $170,000 for loss of income for foster care they provided; and $500,000 to $1 million in general damages.
Result
The jury returned a defense verdict.
Other Information
Post-trial, the defendant rejected the plaintiffs' offer to waive their right to appeal or move for a new trial in exchange for the defendant's waiver of costs. The defendant filed a cost bill for $19,693.16. This amount included expert witness fees.
Deliberation
1.5 hours
Poll
10-2
Length
six days
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