Fred Barksdale and Diane Barksdale v. California Medical Center, Paul Corona, M.D., et al.
Published: Aug. 3, 1996 | Result Date: Jun. 28, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC092070 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert B. Packer
(Packer, O'Leary & Corson APLC)
Jeffrey C. Bogert
(Law Offices of Jeffrey C. Bogert)
Defendant
Experts
Plaintiff
John Hanley
(medical)
Raymond G. Schultz
(technical)
Donna M. Barras
(technical)
David Ian Friend
(medical)
Defendant
John Alexander
(medical)
Theodore Vavoulis
(technical)
William Piazza
(technical)
Richard Guess
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Facts
On the morning of Aug. 6, 1992, plaintiff Fred Barksdale, a 60-year-old upholsterer, presented to the defendant California Medical Center complaining of dizziness with mild blurry vision and some nausea. He was directed to the Urgent Care Center, where his blood pressure was noted to be high (200/110). Plaintiff husband had indicated that he first experienced the symptoms that morning, after he assisted a diesel bus to back into the painting stall. The nurse noted inhalation of diesel fumes as the presenting complaint. Plaintiff Barksdale was referred to defendant Dr. Corona, who worked at the defendant hospital. By the time Dr. Corona first examined him, the plaintiff husband indicated that his symptoms had improved. The plaintiff husband also indicated that he was a heavy smoker (at least one pack a day for 40 years) and had a history of hypertension, which had never been treated. Despite the absence of hypotension and other signs of carbon monoxide poisoning, the defendant doctor placed the patient on 4 liters of oxygen, since the patient's history was inhalation of diesel fumes. When the plaintiff indicated his symptoms had disappeared, Dr. Corona discharged him with instructions to rest and return to next morning. Two hours later, the plaintiff husband became noticably ill, having trouble with movement and breathing. Paramedics took the plaintiff husband to Daniel Freedman Hospital, where a carboxyhemoglobin of 4.1% was drawn. Later in the afternoon, the plaintiff husband's condition took a turn for the worse, by early evening it became apparent that he had suffered a serious cerebral vascular accident (stroke). The attending internist called a neurologist, Michael Murphy, M.D., who diagnosed a stroke possibly caused by hypertensive encephalopathy, Guillain-Barre Syndrome, botulism or toxic encephalopathy of some kind. On Aug. 12, 1992, the plaintiff wife retained Randy Hawkins, M.D. to assume the overall care of her husband. Dr. Hawkins brought in a second neurologist consultant, Lancelot Alexander, M.D., who testified that the stroke had happened in the brainstem as a result of basilar artery occlusion, probably secondary to underlying cerebral vascular disease related to his history of untreated hypertension and mild hyperglycemia. Dr. Alexander also testified to his opinion that carbon monoxide intoxication had nothing whatsoever to do with the stroke. The plaintiffs, husband and wife, brought this action against the defendants, California Medical Center and Dr. Corona, based on medical negligence and medical malpractice theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $2 million as to both defendants. The plaintiffs made a later settlement demand for $350,000 to the California Medical Center only. The defendants each made a C.C.P. º998 offer of compromise for $50,000.
Specials in Evidence
(paid by collateral sources) $57,079 $39,080 (with a $22,013 offset) $1,693,775
Damages
The plaintiffs asked the jury to award them $500,000 general damages and the present value of $1,861,527 in economic damages.
Injuries
The plaintiff husband alleged he sustained a brainstem stroke/basilar artery occlusion resulting from undiagnosed and untreated carbon monoxide intoxication and resulting in quadriparesis which restricted him completely to a wheelchair, unable to do anything for himself except eating with special equipment. The plaintiff wife claimed loss of consortium as a result of a quadriparesis husband.
Other Information
The verdict was reached approximately three years after the case was filed. No doctor on behalf of the plaintiffs expressed any opinion with respect to life expectancy. Thus, Dr. Barras' projection of costs and Dr. Schultz's economic evaluation were based on a normal life expectancy of a 64-year-old black male (13.89 years). Dr. Fisk, the defendant's expert, testified to his opinion that the plaintiff husband's expectancy was diminished by at least 7.8 to 8 years as a result of his underlying smoking history, untreated hypertension, mild diabetes, family history, race, gender and the stroke that he had suffered. The jurors who voted for negligence as to the defendants all stated they would have voted for the defendants on the issue of causation had they come to that issue.
Deliberation
6 hours and 15 minutes
Poll
11-1 (as to defendant California Medical Center), 9-3 (as to defendant Paul Corona, M.D.)
Length
11 days
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