Max Charles Wheeler, et al. v. Downey Community Hospital, et al.
Published: May 6, 1995 | Result Date: Apr. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: VC011606 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William A. Frumovitz
(medical)
Robert Rosser
(medical)
Patricia Riegers
(medical)
Defendant
Deborah K. Griffin
(medical)
Josephine Bufalino
(medical)
Facts
Nancy Wheeler, a 34-year-old female receptionist, was pregnant and 5 weeks prior to her due date (EDC, estimated date of confinement) when she was admitted to Defendant Downey Community Hospital; it was the early morning hours of June 29, 1992, and she presented with prematurely ruptured membranes and was in labor. Her attending obstetrician was Devadatt Mishal, M.D. The patient was a recovering heroin addict and was on a Methadone maintenance program; her dosage was 35 mg daily by mouth. Dr. Mishal eventually determined to do cesarean section because of evidence of fetal distress on electronic monitoring. Plaintiff Max Charles Wheeler was delivered via cesarean section at 2237 hours on June 29, 1992. Because of prematurity, hyperbilirubinemia, hypoglycemia, and drug withdrawal, the infant remained hospitalized until July 20, 1992. The infant was in excellent condition and prognosis was good upon discharge. Nancy Wheeler left the post-anesthesia recovery room at 0015 hours in stable condition. She was admitted to the postpartum floor and came under the car of Nurse Persis Lau. Vital signs were taken every half hour for the first two hours; again at 0245 hours and 0430 hours and all were within normal limits. A fundal exam was carried out on 4 occasions up to 0430 and the fundus was found to be firm and in the expected position following delivery. There was a complaint of severe cramping abdominal pain at 0320 hours and Talwin was administered by mouth in the amount of 30 mg per Dr. Mishal's standing postoperative orders. At 0530 hours, the patient awoke from a quiet sleep and complained of withdrawal symptoms of Methadone -- inability to tolerate abdominal pain. A call to Dr. Mishal released Methadone 35 mg by mouth to be administered and Talwin intramuscularly, once every 4 hours. Nurse Lau also informed Dr. Mishal of the lochia and the fact that the dressing site was dry and intact. AT 0600 hours, Nurse Lau removed the catheter and noted 325 cc of clear, amber urine in the bag. at 0630 hours, the patient complained of dyspnea and was hyperventilating. Nurse Lau placed her on 50% oxygen by mask and encouraged her to breathe slowly into a plastic bag. The patient's condition became more agitated. By 0640 hours, neither manual blood pressure readings nor blood tests could be taken, due to Nancy's agitated state. By 0655 hours, she became quiet with slow, shallow breathing of 10 per minute and with decreased blood pressure and heart rate. By 0700 hours, a code blue was called. Dr. Jack Kennis, the emergency room physician found the patient to be in respiratory arrest and, while working on her, she also developed cardiac arrest. His examination of her abdomen revealed it to be non-distended and non-rigid (no severe hemorrhaging in the abdomen). Dr. Mishal was called at 0710 and arrived after: Dr. Vijay Kamdar, who called Dr. Nazar Al-Bussam, a hematologist, and Dr. Meher Tabatabai, an infectious diseases specialist. They along with Dr. Kennis concluded that the patient had suffered DIC (disseminated intravascular coagulopathy) secondary to septic shock. Nancy remained in a coma from 0700 hours. At 1143 hours on July 2, 1992, Nancy died. An autopsy revealed that a suture had been placed through one of the uterine veins; however, it did not appear that there was any hemorrhaging from this site except after development of DIC following arrest; the DIC led to bleeding from all organs and orifices. Plaintiffs were the patient's son and surviving spouse, Charles.
Settlement Discussions
Defendants contend they offered $10,000 and Plaintiffs demanded $780,000 at the MSC; $280,000 2 weeks prior to trial; and a 998 in the amount of $174,000 four days prior to trial.
Specials in Evidence
$1,093,000
Damages
Plaintiffs asked for $2,600,000 on behalf of the widower and $3,500,000 on behalf of the child -- for wrongful death, $7,000 burial expenses, and $1,093,000 loss of support and society.
Injuries
Death of mother/spouse.
Deliberation
5 hours, 20 minutes
Poll
12-0
Length
7 days
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