Joyce Quintana; Frank Quintana, Jr.; Mark Quintana; Beatrex Quintana v. Robert Gagnon, M.D.; Cecil & Ida Green Hospital of Scripps Clinic
Published: Feb. 14, 1998 | Result Date: Dec. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: 70627 Verdict – $380,831
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Thomas E. Lotz
(Lotz Doggett & Rawers LLP)
Experts
Plaintiff
Michael Blackbourne
(medical)
Don F. Mills M.D.
(medical)
Defendant
Robert M. Caplan
(medical)
Facts
On May 17, 1995, decedent Frank Quintana, Sr., a 77-year-old man, underwent what was anticipated to be out-patient hernia repair surgery at defendant Cecil & Ida Green Hospital of Scripps Clinic in La Jolla. Defendant Dr. Robert Gagnon, was the anesthesiologist. The hernia repair was uneventful, however, following extubation, the decedent suffered respiratory distress. Repeated attempts at reintubation and jet ventillation failed to produce any 02/CO2 exchange. Following pulmonary lavage, an emergency tracheotomy was performed which finally established an airway. The decedent never regained consciousness. Following repeat EEGs which confirmed flat line brain wave activity, the decedent was disconnected from life support systems five days post-surgery. The decedent died two weeks later on June 3. The plaintiffs, decedent's heirs, brought this wrongful death action against the doctor and hospital based on medical negligence and negligent and intentional spoliation of evidence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $225,000. The defendant gave no consent.
Damages
The plaintiffs claimed funeral expenses of $7,831 as well as general damages.
Injuries
Brain damage resulting in coma and death 2+ weeks after hernia repair surgery.
Other Information
The jury found by a vote of 10-2 that defendant hospital negligently spoliated evidence. The jury also found there was no causation between the negligent spoliation of evidence by representatives of the hospital and plaintiffs' ability to prove their case. The verdict was reached approximately one year and seven months after the case was filed.
Deliberation
three days
Poll
9-3
Length
six days
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