Carol and Gary Arieno v. Sheldon L. Schein, M.D., et al.
Published: Oct. 15, 1994 | Result Date: Aug. 30, 1994 | Filing Date: Jan. 1, 1900 |Case number: LC012848 – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
James J. Kjar
(Kjar, McKenna & Stockalper LLP)
Experts
Plaintiff
Stephen Brody
(medical)
Defendant
Richard W. Paulson
(medical)
Facts
Plaintiff Carol Arieno, a 42-year-old real estate agent, was seen by Defendant Sheldon L. Schein, M.D., for the purpose of an embryo transplant in vitro fertilization. The embryo was harvested on February 19, 1991. Dr. Schein's notes reflect that some difficulty was encountered with the suctioning equipment during the procedure, with some intermittent blocking. The patient had a history of pelvic adhesions and a possible ovarian cyst. The embryo transplant was performed and the patient subsequently complained of light-headedness and diarrhea. She was readmitted to Tarzana Medical Center on February 23 and treated by Dr. Schein's partner, Dr. Greenberg. At that time, it was confirmed that Plaintiff Carol Arieno did, in fact, have an intraperitoneal bleed which never became septic or infected; and therefore, the determination was made that the best course of action was to simply monitor the patient and not perform extensive surgery. She was discharged and seen for follow up in the office on March 4. At that time, she was complaining of urinary frequency, pelvic pain, and the presence of blood in the abdomen. A urinalysis revealed possible cystitis. She received a prescription for macrodantin for cystitis and the CVC was repeated with progesterone administered. On March 7 the urinalysis was negative; and Plaintiff reported that she was feeling fine. She was seen again on March 8; and she again reported that she was feeling fine. On March 13 Defendant Dr. Schein telephoned the patient, who was complaining of some right lower quadrant discomfort and was told to return to the office for her data CG pregnancy test. A sonogram on March 21 revealed a small sac in the uterus; and the diagnosis at that time was bloated ovum. The patient was subsequently seen by Dr. Karie McMurray at Los Robles, who performed a D&C and noted that Carol Arieno had aborted the uterine sac; her diagnosis was bloated ovum.
Settlement Discussions
Defendant contends it made no offers and Plaintiff demanded $200,000 ($150,000 to Plaintiff and $50,000 to her husband).
Specials in Evidence
$25,000 $20,000 $15,000
Injuries
Plaintiff claimed pregnancy failure requiring hospitalization and a D&C; resultant emotional distress requiring counseling. Plaintiff's husband also claimed loss of consortium injuries.
Deliberation
3 days
Poll
9-3
Length
10 days
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