Glenn Michael Fox and Diana Fox v. Ramano Rao, M.D.; Simi Valley Hospital
Published: Oct. 10, 1998 | Result Date: Jul. 15, 1998 | Filing Date: Jan. 1, 1900 |Case number: CIV171041 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Steven B. Stevens
(Michels & Lew)
Defendant
Experts
Plaintiff
Jan Roughan R.N.
(technical)
Jacob E. Tauber M.D.
(medical)
Joel S. Rosen
(medical)
Patricia L. Reigers
(medical)
Raymond G. Schultz
(technical)
Miles Saunders
(medical)
Defendant
Martin Krell
(medical)
Theodore Vavoulis
(technical)
Todd D. Moldawer
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Facts
On March 10, 1996, plaintiff Glenn Fox, a 49-year-old machine shop supervisor, was driving his Ford 150 pickup truck heading westbound on Highway 126 returning home from Valencia after looking for a new home. He was driving with his wife, plaintiff Diana Fox, age 49, and his daughter, Karin, age 23. As they were heading home, in the early afternoon, on a clear day, another vehicle traveling in the opposite direction, lost control, slid across the highway and impacted the Fox vehicle head-on. The impact was so severe that it caused the Fox vehicle to run off the side of the highway and down an embankment, rolling over approximately two times. Glenn Fox was ejected from the vehicle and thrown about 30 feet from the vehicle's point of rest. He suffered an unstable T12-L1 fracture and a + inch dura tear through which neural material extruded. The spinal cord at the caudea equina was bruised and experienced slight bleeding. Diana Fox suffered pelvic fractures from which she was fully recovered, and Karin suffered moderate orthopedic injuries from which she has also fully recovered. After the accident, Glenn Fox was taken by helicopter to the Simi Valley Hospital, a 200-bed hospital with four operating rooms and holding itself out as capable of handling trauma patients with spinal cord injuries. Glenn Fox was brought to the hospital on Sunday at approximately 4 p.m. and was examined by emergency room physician, Dr. Chandler, and a trauma physician, Dr. Weekes. Both physicians found no lower extremity neurological deficits on their examinations. Glenn Fox also experienced a broken right femur. The trauma surgeon, Dr. Weekes, called in defendant Dr. Ramano Rao, an orthopedic surgeon, for consultation concerning the managemment of the femur fracture and the back fracture. During the first day, Rao completed a neurological assessment in the emergency room and ruled out spinal cord injury. He failed to do a computer tomography scan to rule out an unstable fracture. He completed a Steinman pin implantation in the right femur which began the process of healing of the right femur fracture. The next morning, at 8 a.m., a hospital nurse determined that Glenn Fox could not move the toes on his right foot and was having difficulty moving his left leg. The plaintiff alleged she informed Rao, who she claimed failed to examine the patient neurologically in the room that morning, but claimed that she felt Rao thought these signs were not abnormal. On the third day, March 12, at approximately noon, Glenn Fox's relatives reported that he was experiencing lower leg numbness. Dr. Flora, without conducting a neurological examination, immediately called for a neurological consult. The neurologist informed the hospital nurse that he did not do trauma patients and would not come in. The evidence demonstrated that the nurse documented in the nursing notes that the neurosurgeon was not coming in and reported this to Flora. Flora claimed he informed the nurse to contact Rao but she failed to do so. The nurse claimed that Flora did not tell her to contact Rao, and she presumed he would take the appropriate measures. *** (FOR CONTINUATION OF FACTS)
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $2 million. Defendant Dr. Rao made an offer of $100,000.
Specials in Evidence
$2.6 million
Injuries
Plaintiff suffers from urinary and bladder incontinence, as well as lower leg weakness and incomplete paraplegia. He is essentially wheelchair bound.
Result
*** (CONTINUATION) Within two hours, Rao examined the patient (at approximately 4 p.m.) and determined the patient could not move his toes on both lower extremities upon command. He further determined there was an earlier neurological consult ordered but failed to appreciate that the neurological surgeon declined the consultation. Rao failed to make certain that a neurological surgeon was ordered and left the hospital assuming that a neurological consult would eventually arrive. This position was asserted even though he knew an emergency situation was presented. From 4 p.m., on March 12, until approximately midnight, no neurological surgeon ever reported to the bedside of Glenn Fox. At 4 a.m., on March 13, Glenn Fox was taken by emergency ambulance to Northridge Hospital and prepared for surgery involving a patch duraplasty and stabilization of the back fracture. A neurological surgeon at Northridge hospital completed the surgical procedures. The plaintiffs brought this action against the defendants based on a negligence theory of recovery.
Other Information
The verdict was reached approximately 1+ years after the case was filed.
Deliberation
13 days
Length
five weeks
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