Joe and Estella Deocampo v. St. Joseph's Medical Center; Roger C. On, M.D.; Richard Ahn, M.D., Steven Taback, M.D.
Published: Nov. 15, 1997 | Result Date: Oct. 23, 1997 | Filing Date: Jan. 1, 1900 |Case number: LC034351 – $0
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Loren S. Leibl
(Leibl, Miretsky & Mosely LLP)
Michael A. Zuk
(Herzfeld & Rubin LLP)
Roy D. Goldstein
(Law Offices of Jamie Skebba)
Thomas F. McAndrews
(Reback, McAndrews & Blessey, LLP)
Experts
Plaintiff
Harvey L. Alpern
(medical)
Franklin G. Moser
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Defendant
John F. Thompson
(medical)
Peter Lorber
(medical)
Jeremy Cole
(medical)
Jay N. Schapira M.D.
(medical)
Facts
On July 11, 1995, plaintiff Joe Deocampo, a 42-year-old Pacific Bell Field Representative, was admitted to defendant St. Joseph's Medical Center for a heart attack by defendant cardiologist Roger On, M.D. He was given thrombolytic therapy (Streptokinase and Heparin). Approximately 14 hours later, the plaintiff began complaining of back pain. The back pain persisted in varying degrees throughout the night despite the administration of pain and sleeping medication. At approximately 11 a.m., the following day, the plaintiff began complaining of numbness and inability to move his toes. The nurse reported the findings to his primary care physician, defendant Steven Taback, M.D. Dr. Taback ordered a plain film x-ray of the lumbar spine. Approximately one hour later, plaintiff's numbness and difficulty in moving increased, and plaintiff became incontinent of urine. A neurologist, defendant Dr. Richard Ahn, was called. Dr. Ahn arrived at approximately 1 p.m. A STAT magnetic resonance imaging (MRI) of the spine was ordered. Dr. Ahn returned at 3:45 p.m., expecting the MRI to have been performed. It was not done, and he was advised by the St. Joseph Medical Center's radiologist technician that it would be done shortly. Dr. Ahn returned to the hospital between 5:30 to 6 p.m. He was advised that the patient's condition had worsened, but the MRI had not yet been performed. Dr. Ahn telephoned the radiology department at approximately 6:30 p.m. He was again told the MRI would be performed shortly. At approximately that same time, Dr. Ahn discontinued the Heparin and called for a neurosurgical consultation. The neurosurgeon, Dr. Pablo Lawner, M.D., also telephoned the radiology department between 6:30 to 7 p.m. and requested the MRI be performed immediately. The MRI was not performed until approximately 8:30 on July 12. It showed an epidural hematoma impinging on the thoracic spine. Surgery to evacuate the hematoma began at approximately 11:55 p.m. on July 12. The surgery did not successfully restore spinal cord function to the plaintiff and he remains a paraplegic. The plaintiffs, husband and wife, brought this action against the defendants based on a negligence theory of recovery. The case was bifurcated and proceeded to trial on the issue of liability only.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1 million against defendant Dr. On and $2 million as to defendant Dr. Ahn. The defendants made no offers. Plaintiff's settled with defendant hospital prior to trial for $1.5 million.
Specials in Evidence
$____________ $____________ $____________ $____________
Injuries
The plaintiff suffered paraplegia.
Other Information
The verdict was reached approximately two years after the case was filed. EXPERT TESTIMONY: Defendants report that plaintiff's cardiologist, Harvey Alpern, M.D., was badly impeached. Cross-examination revealed he had been publicly reproved by the Medical Board of the State of California for unlawful payment of referral fees, had declared bankruptcy twice in the past seven years and had sold at least a part of his practice in the past year. On direct examination, Dr. Alpern testified he charged $3,500 for his court appearance because that represented the income he would lose if out of the office. On cross-examination, Dr. Alpern was confronted with his bankruptcy papers, which indicated his income was $4,000 per month. Dr. Alpern denied his financial problems had any effect on his opinions.
Deliberation
two days
Poll
11-1 (liability for defendant On and defendant Taback); 9-3 (against defendant Ahn); 10-1-1 (for defendant Ahn on causation)
Length
2+ weeks
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