Jeanette Sanchez, Shelby Sanchez and Allycia Marie Sanchez, minors, by and through their Guardian ad Litem, Jeanette Sanchez v. John W. Donohoe, M.D., Howard Green, M.D., Beaver Medical Group
Published: Nov. 29, 2008 | Result Date: Sep. 23, 2008 | Filing Date: Jan. 1, 1900 |Case number: RIC446851 Verdict – Defense
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Steven B. Goldstein
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Roy L. Herndon
(medical)
Richard Spellberg
(medical)
Darryl R. Zengler M.A.
(technical)
Defendant
Constantine M. Boukidis
(technical)
Dale M. Isaeff
(medical)
William P. Klein
(Klein Law Group LLP)
(medical)
Facts
On Jan. 8, 2004, Enrique Sanchez went to San Gorgonio Memorial Hospital and complained of chest pain. A doctor diagnosed Sanchez with atypical chest pain as well as bronchitis, and recommended antibiotics as treatment. On Jan. 15, 2004, Sanchez went to Beaver Medical Group's Extended Care Clinic (ECC), where complained of intermittent chest pain. The doctor believed that Sanchez suffered from gastritis and prescribed him Protonix along with a GI cocktail.
On Jan. 19, Sanchez visited the ECC again and was examined by John Donohoe. Based on Sanchez's complaints of continued, intermittent chest pain, Donohoe prescribed Voltaren (NSAID) and Nitroglycerin. He further recommended that Sanchez follow-up with Howard Green at Beaver Medical if symptoms continue.
On Feb. 9, Green examined Sanchez, after which Green ordered labs that showed high cholesterol and triglyceride levels. Following a visit on Aug. 9, Green ordered further labs, however Sanchez canceled them. Sanchez did not return to Green's care.
On Dec. 27, 2004, Sanchez rushed to U.S. Healthcare with severe chest pain. Tests showed a severe myocardial infarction and he was taken to Pomona Valley hospital Medical Center. Later that day, Sanchez passed away.
Sanchez's wife and children brought an action against Donohoe, Green, and Beaver Medical for wrongful death and medical malpractice.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs asserted that the doctors should have realized the risk of myocardial infarction and should have sent Sanchez to see a cardiologist. The doctors' failure to take proper tests was below the standard of care. Further, Sanchez should have been given a stress test, which would have shown unhealthy arteries. Finally, the plaintiffs alleged that Sanchez would have had an average life expectancy but for the lack of proper procedures.
DEFENDANTS' CONTENTIONS:
Donohoe claimed that Sanchez did not have ischemic symptoms, such that a stress test would have been futile. Further, no findings affecting the anterior portion of the heart were made, such that an angiogram would also have been useless. Green also asserted that referral to a cardiologist was not required by the standard of care. Both doctors agreed that a dissecting aortic aneurysm caused Sanchez's death and that Sanchez's failure to adhere to directions played a part in his death.
Settlement Discussions
A demand for $995,000 was made, no offer was returned.
Damages
The plaintiffs sought $1,261,325 in past and future lost earnings, and general damages, according to MICRA.
Injuries
The plaintiffs claimed death, loss of society, and myocardial infarction.
Result
Both defendants received a verdict in their favor.
Other Information
Norcal insured the defendants.
Deliberation
2.5 hours
Poll
12-0
Length
seven days
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