Kristen Scott, Alyssa Scott, Dale Scott, et al. v. Shyam Dahiya, Stephen J. McColgan, Laparoscopic Bariatric Specialists, St. Mary Medical Center
Published: Jun. 28, 2005 | Result Date: Mar. 21, 2005 | Filing Date: Jan. 1, 1900 |Case number: NC033918 Verdict – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Daniel M. Graham
(Law Office of Daniel M. Graham)
Defendant
Sidney J. Martin
(Schmid & Voiles)
Craig S. Dummit
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
Parakrama Tissa Chandrasoma
(medical)
David Anaise
(medical)
Defendant
Scott Cunneen
(medical)
Barry A. Fisher
(medical)
Michael E. Fishbein
(medical)
Douglas C. Cable M.D.
(medical)
Facts
In 2001, Deborah Scott, age 46, visited the office of defendant Dr. Stephen McColgan and was given a booklet titled "Patient Information Guide." The guide included a description of bariatric surgery, its alternatives and risks. It included assertions that the surgery was unique, that the surgeons had trained others in the procedure, and that weight loss data showed patients who underwent an open procedure had a mean excess weight loss of 67 percent and slightly better data for a laparoscopic procedure. The guide also stated that lighter patients experienced an estimated excess weight loss of 80 to 90 percent. Scott reviewed the guide and signed a form confirming that she understood the risks. Scott then met with McColgan and other specialists, including a cardiologist, a pulmonary specialist, an internist and a psychiatrist. On the basis of all the exams, Scott was cleared for her surgery. On Nov. 13, 2001, laparoscopic gastric bypass surgery was performed at St. Mary Medical Center by defendant Dr. Shyam Dahiya, assisted by McColgan. Scott was discharged the next day with instructions to follow-up with the surgeons on a regular basis. She was seen by the surgeons on Nov. 26, Dec. 13 and Jan. 10, 2002. Scott was healing well and was given advice on how to eat after the surgery. On Jan. 13, she was admitted to Corona Regional Medical Center with severe abdominal complaints and sepsis. She had been in pain for the previous two days. Exploratory surgery revealed that a portion of her bowel had become entrapped in the mesentery and had strangulated with the ensuing infection leading to sepsis. Scott died from the infection on Jan. 26. Scott's daughters sued Dahiya, McColgan, their medical practice Laparoscopic Bariatric Specialists, and St. Mary Medical Center. They alleged wrongful death, medical malpractice, intentional misrepresentation and negligent misrepresentation. They settled with St. Mary Medical Center for an undisclosed amount. Laparoscopic Bariatric Specialists was never served, leaving Dahiya and McColgan as the only defendants at trial.
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand for $500,000 to each McColgan and Dahiya. The defendants McColgan and Dahiya made no offers.
Damages
The plaintiffs claimed unspecified general damages for the wrongful death of their mother. They also claimed $4,000 in funeral and burial expenses, and $2,400 for loss of future gifts from Scott. Scott's medical expenses were covered by another source.
Result
The jury returned a defense verdict. The plaintiffs' motion for a new trial or judgment notwithstanding the verdict has been denied (as to Dahiya only).
Deliberation
two days
Poll
9-3 (for Dahiya as to medical malpractice), 10-2 (for McColgan as to medical malpractice), 9-3 (for defense as to intentional misrepresentation), 10-2 (for defense as to negligent misrepresentation)
Length
12 days
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