Facts

Corine Davis, 88, died in Alta Bates Summit Medical Center in Oakland the morning after a vascular bypass procedure on her right leg.

Davis came to the hospital with a number of co-morbidities, including insulin-dependent diabetes for 22 years, a prior cardiac bypass procedure and a prior carotid endarterectomy. According to the medical records, Davis had persistent somnolence from the conclusion of her surgery to her death.

The undisputed testimony in the case was that since Davis had resting leg pain, if not for surgery, she would develop gangrene with the definite loss of her leg and a possible loss of her life, within a month.

The cause of her death was disputed, with opinions ranging from complications from rhabdomyolysis to a sudden onset myocardial infarction.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that anesthesiologist Dr. Donovan breached the standard of care by completing and signing his post-anesthesia recovery from note too early and by not checking back on Davis' condition; that vascular surgeon Dr. Bry breached the standard of care by transferring Davis to the medical surgical floor instead the Intensive Care Unit; that The Post Anesthesia Case Unit nurse breached the standard of care by not pursuing her command to challenge to Dr. Bry's transfer order up the chain of command.

DEFENDANT'S CONTENTIONS:
Defendants contended that they met the standard of care in all respects and that the Davis' death was not caused by an act of negligence by any health care provider.

Result

The jury returned a unanimous defense verdict for all three health care providers.

Other Information

FILING DATE: Dec. 17, 2008.

Deliberation

1.5 hours