Bonnie Humpal, Troy Humpal and Tracy Humpal v. Beaver Medical Group, Redlands Community Hospital, Barbara Nelson, M.D., Steven Hildebrand, M.D., Thomas Makowski, M.D., and Curtis Landreth P.A.
Published: Sep. 12, 2015 | Result Date: May 20, 2015 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1407997 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
Steven J. Weinberg
(McCune Wright Arevalo, LLP)
Defendant
Campbell H. Finlay
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Joseph Esherick
(medical)
Peter C. Pelikan
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
William P. Klein
(Klein Law Group LLP)
(medical)
C. Alan Brown
(medical)
Constantine M. Boukidis
(technical)
Facts
Bonnie Humpal, Troy Humpal and Tracy Humpal sued Beaver Medical Group, Redlands Community Hospital, Barbara Nelson, M.D., Steven Hildebrand, M.D., Thomas Makowski, M.D., and Curtis Landreth PA, in connection with Richard Humpal's death.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs, survivors of the decedent, alleged that on April 4, 2013, the decedent arrived at the Hospital's emergency room complaining of sudden chest pain coupled with shortness of breath. The decedent, who had undergone a quadruple bypass in 2001, was fairly stable until around November 2012, when he was admitted to the Hospital for an evaluation due to chest pain. During that episode, plaintiffs alleged that the decedent underwent cardiac catheterization performed by defendant Makowski. Plaintiffs alleged that Makowski decided to stent the decedent's right coronary artery. The decedent remained with Makowski for his follow-up, outpatient visits. Plaintiffs alleged that the decedent returned to Makowski for his fourth visit on March 19, 2013, where the decedent was then evaluated by defendant Landreth, a physician's assistant. Then, on April 4, the decedent presented to the ER due to a sudden onset of chest pain where he was then evaluated by defendant Nelson. The next day, defendant Holdebrand, a cardiologist, performed a treadmill stress echocardiogram, which, due to the decedent's high-risk and unstable angina, should not have been performed. The decedent died shortly after the testing commenced. Plaintiffs then brought this lawsuit for the decedent's wrongful death. Plaintiffs alleged that defendants' conduct constituted medical malpractice. Plaintiffs blamed Nelson for ordering the test and for Hildebrand for performing it.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations, claiming the decedent exhibited no signs or symptoms of heart failure prior to his April 2013 visit to the emergency room. Defendants also denied the decedent having an unstable angina during his April ER visit and attributed his chest pain to a number of factors, including to a missed dose of beta-blocker medications and the combination of medicines. Defendants contended that they acted within the standard of care.
Settlement Discussions
The Humpals demanded $249,000 in global settlement.
Damages
The Humpals sought $670,000 in lost financial contributions caused by the decedent's death.
Result
Several of the defendants were dismissed from the case so the matter continued as to defendants Makowski and Landreth only. Ultimately, the jury rendered a verdict in favor the defense.
Other Information
FILING DATE: June 4, 2014.
Deliberation
1.5 hours
Length
11 days
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