Tyrone D. McCauley, a minor, by Barbara K. Pete v. Howard B. Wax, M.D., Bruce Goetting, M.D., William Yee, M.D., Carol Gill, M.D.
Published: Apr. 3, 1999 | Result Date: Oct. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: V125037 Verdict – $600,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
R. Lewis Van Blois
(Van Blois Law)
Defendant
Experts
Plaintiff
Paul G. Fisher
(medical)
Claude S. Munday
(medical)
Stephen Kaufman
(medical)
Thomas P. Yankowski M.S., C.V.E.
(medical)
Phillip H. Allman III, Ph.D.
(technical)
Defendant
Barry Nichols Gardiner
(medical)
Rowena K. Korobkin
(medical)
Tracy Trotter
(medical)
John J. Walker
(medical)
Mark A. Cohen
(technical)
Peggy Sue Weintrub
(medical)
Facts
On Nov. 1, 1993, the 11-year-old plaintiff, presented to defendant Dr. Howard Wax with complaints of vomiting all fluids. On examination, Dr. Wax noted that plaintiff was mildly dehydrated, and diagnosed gastroenteritis. On Nov. 2, 1993, at approximately 11 a.m., the plaintiff was seen in the office by defendant pediatrician Dr. Carol Gill, at which time his chief complaint was severe vomiting. Dr. Gill diagnosed an acute abdomen and dehydration, and admitted plaintiff to defendant hospital for IV hydration and a surgical consultation by Dr. William Yee. Dr. Gill sent plaintiff from her office with orders for an IV bolus of 300 cubic centimeters to be given as soon as the IV was started, to be followed by another 75 cubic centimeters thereafter. Dr. Gill ordered laboratory work to evaluate plaintiff's level of hydration and kidney function. She never saw plaintiff in the hospital, or gave additional IV orders. At approximately noon on the same day, defendant surgeon, Dr. Yee, saw plaintiff and confirmed the diagnosis of an acute abdomen. He telephoned Dr. Gill shortly thereafter, later in the day. Dr. Gill alleged she asked Dr. Yee what she could do to help. Dr. Yee asked her to write orders for antibiotics. At the time that plaintiff became a surgical case, Dr. Gill believed that plaintiff's care had been transferred to Dr. Yee. Dr. Yee testified that Dr. Gill expressly agreed to be responsible for management of the IV fluids and antibiotics, and that Dr. Gill told him it would take a couple of hours to adequately rehydrate plaintiff before surgery. Dr. Gill gave a telephone order for clindamycin 225 milligrams IV every six hours at 2:40 p.m. at 3:25 p.m., she gave a telephone order for ampicillin 1.5 grams IV every six hours and Rocephin 750 milligrams IV twice a day. She never gave further orders regarding plaintiff's IV fluids. The nurse called Dr. Gill with the laboratory results showing severe dehydration but Dr. Gill did not inform Dr. Yee and did nothing with the information. The IV was begun at 12:15 p.m. and by 3:30 p.m., the plaintiff had received 459 cubic centimerters of IV fluid. The surgery started at approximately 4:15 p.m. during surgery, plaintiff experienced a cardiac arrest. All physicians testified that the plaintiff was dehydrated which was a cause of the cardiac arrest. The plaintiff was transferred to U.C.S.F. in a coma. Over the course of several days, he improved and was discharged.
Settlement Discussions
The plaintiff made a settlement demand for $170,000. The defendants made an offer of $20,00o.
Specials in Evidence
$1,415,000 - $3,648,000
Other Information
The verdict was reached approximately four years after the case was filed. Defendants Dr. Howard Wax, Dr. Bruce Goetting, and Dr. William Yee, settled with plaintiff for confidential sums before the start of trial.
Deliberation
six hours over two days
Poll
12-0 (not barred by the statute of limitations)
Length
15 days
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