Merilee Reynolds v. Kenneth E. Schemmer, M.D., Gregory Larson, M.D.
Published: Mar. 2, 1996 | Result Date: Jan. 30, 1996 | Filing Date: Jan. 1, 1900 |Case number: 713591 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John S. Wilson
(medical)
Defendant
F. Beachley Main
(medical)
Facts
On April 16, 1992, the plaintiff, Merilee Reynolds, a 50-year-old attorney, underwent a laparoscopic cholecystectomy for acute cholecystisis at Brea Community Hospital. The defendant, Kenneth E. Schemmer, M.D., performed the surgery and was assisted by the defendant, Gregory Larson, M.D.. During the operation, the defendant, Dr. Schemmer, cut a branch of the hepatic/cystic artery resulting in blood loss. The artery was repaired and the operation concluded without further incident. At the conclusion of the operation, the defendant, Dr. Schemmer, placed five intracostal nerve blocks into the patients right chest wall for additional post-operative analgesia. Thereafter, the defendant, Dr. Schemmer, turned the plaintiff's post operative care over to the defendant, Dr. Larson. At 6:00 a.m. on the morning of April 17, 1992, the plaintiff's hemoglobin was 9.0 grams. Her vital signs were normal. Immediately before the operation, the plaintiff's hemoglobin had been 11.1 grams. The defendant, Dr. Larson, examined the plaintiff at 10:30 a.m. on April 17, 1992, and ordered a repeat hemoglobin every twelve hours and a switch in diet to puddings and jello. He ordered a transfer to a ward out of the hospital's direct observation unit. At 6:00 p.m., the plaintiff's hemoglobin was 8.4. The plaintiff's vital signs remained normal and she continued to output urine. At midnight, the plaintIff's blood pressure went down, her pulse went up and there was no further urinary output. The defendant, Dr. Larson, was not advised of these changes. At 6:00 a.m. on April 18, 1992, the plaintiff's hemoglobin was 7.0. Four hours later, the defendant, Dr. Larson, examined the plaintiff, ordered that she receive nothing by mouth, ordered a blood panel and called the defendant, Dr. Schemmer. Dr. Schemmer directed further orders including an upper abdominal x-ray and hemoglobin every four hours. An incomplete ultrasound showed a pleural effusion in plaintiff's right chest. Dr. Schemmer elected to proceed with an "open" exploration of the plaintiff's abdomen. The procedure did not reveal any bleeding in the abdominal cavity although one of the surgical clips was slightly out of place. One-hundred cubic centimeters of old blood was found in the plaintiff's pelvis. At the conclusion of the surgery, Dr. Schemmer, placed 5 intracostal nerve blocks. An hour after the operation, the plaintiff suffered a partial collapse of her right lung. A pulmonologist placed a chest tube in the upper right chest and evacuated 700 cc. of blood and fluid. An additional 875 cc of blood was recovered later. The plaintiff was discharged on April 26, 1992, 10 days after the initial surgery. The plaintiff brought this action against the defendants based on a medical malpractice theories of recovery.
Settlement Discussions
The plaintiff made a $250,000 settlement demand. The defendant, Dr. Larson, made no offer of settlement. The defendant, Dr. Schemmer, was dismissed for a waiver of costs during the trial.
Specials in Evidence
$48,000
Injuries
The plaintiff alleged that she suffered from a partial collapsed lung requiring a chest tube (which left permanent scars) and a laparotomy (which left scars) as a result of the defendants' malpractice.
Other Information
The verdict was reached approximately two years and six months after the case was filed.
Deliberation
30 minutes
Poll
10-2
Length
6 days
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