Justin Di Bene Gorger; Nicole Di Bene Gorger; Samantha Di Bene Gorger, Minors, by and Through Their Guardian Ad Litem Mary Jane Gorger, and Mary Jane Gorger, individually v. Westlake Medical Center; HCA Los Robles Medical Center; Paul David
Published: Sep. 19, 1998 | Result Date: Mar. 18, 1998 | Filing Date: Jan. 1, 1900 |Case number: CIV161026 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James G. Dahlgren M.D.
(medical)
William D. O'Riordan
(medical)
Mark Mazur
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Theodore Vavoulis
(technical)
William J. Koenig
(medical)
Paul D. David
(medical)
Facts
On Nov. 13, 1993, decedent Steven Di Bene Gorger, presented to the emergency room of Los Robles Regional Medical Center. The plaintiffs claimed that the decedent presented with signs and symptoms of a streptococcus type A bacterial infection of the elbow joint, which, at a minimum, required immediate antibiotic treatment and consultation with an orthopedist. The plaintiffs contended that defendant Dr. Paul David was negligent in his failure to properly evaluate, diagnose and treat decedent. The decedent's infection rapidly evolved into toxic shock syndrome and ultimately resulted in the decedent's death on Nov. 24 from multi-system organ failure. The plaintiffs, the decedent's wife and minor children, brought this wrongful death action against the defendants based on medical negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1 million. The defendants made a C.C.P. º998 offer of compromise for a waiver of costs.
Specials in Evidence
$729,881 or $851,731
Injuries
Death of husband/father.
Other Information
EXPERT TESTIMONY: Plaintiffs' emergency medicine expert, Dr. William O'Riordan, testified that David was negligent in his emergency room examination and assessment of the decedent as never explaining why the patient was slightly tachycardic upon presentation to the emergency room; failing to examine the patient in a gown (this was never established by the evidence); failure to obtain an adequate fever history; failing to appreciate the significance of the left shift in the white count; failing to adequately evaluate the patient's arm and unreasonably concluding that the patient had a torn triceps muscle, a diagnosis which he felt was unheard of in the absence of a specific history of trauma; failing to refer the patient to a specialist; and failing to obtain orthostatic vital signs. Infectious disease expert Dr. James Dahlgreen testified that time is of the essence in treating toxic shock syndrome and that in spite of the timely and aggresive medical care received by the patient at Westlake Medical Center, the patient still died. Dr. Mark Mazur, also an infectious disease expert who treated the decedent at Westlake Medical Center, testified that he receive history from both the decedent and Mary Jane Di Bene Gorger that the patient's condition had changed markedly after leaving Los Robles but before presenting to Westlake Medical Center. Mazur also testified to how rare, aggresive, and fatal this disease is, and how even under the best of medical circumstances, it has a mortality rate of about 30 percent. He also confirmed that there was a delay of about 1+ hours at Westlake before the patient was given any antibiotics. Defense expert, Dr. William Koenig, testified that David performed a thorough examination and assessment of the patient in the emergency room, including an evaluation of his vital signs and laboratory studies, and that his diagnoses were appropriate and reasonable based upon the patient's presentation and the information David had available to him at the time.
Deliberation
30 minutes
Poll
12-0
Length
five days
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