Randy Gowetski, Cheri Gowetski v. Stephen Greenholz
Published: Jun. 22, 2004 | Result Date: Jan. 16, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02AS02921 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Jonathan A. Saul
(Jonathan Saul & Associates)
Defendant
Dominique A. Pollara
(Pollara Law Group)
Experts
Plaintiff
Melville Singer
(medical)
Defendant
Andrew Juris
(medical)
Carl Backer
(medical)
Facts
In 2001, the plaintiff, Cheri Gowetski, who was in her 40s, gave birth at 35 weeks gestation by emergency cesarian section after multiple level II obstetrical sonograms revealed possible cardiac congenital anomalies as well as a dysplastic kidney in the unborn child. After birth, the baby was monitored in the intensive care unit at a Stockton hospital. Echocardiograms revealed a patent ductus arteriosus. Medication failed to close the ductus and the baby was transferred to Sacramento for possible ligation. The baby was then monitored and it was revealed that the ductus was enlarged and the baby was suffering from congestive heart failure. Pediatric surgeon, Stephen Greenholz, performed the ligation surgery through a standard incision. The anatomy appeared unusual and Greenholz spoke with the pediatric cardiologist who told him to proceed with the ligation. After the ligation, Dr. Greenholz thought the baby's lung appeared slightly pale and again contacted the cardiologist who recommended further dissection. After further dissection, the lung "pinked" up and Dr. Greenholz closed. The baby developed acute bradycardia and went into cardiac arrest. Greenholz immediately reopened the incision and checked for hemorrhaging, which was not present. Cardiopulmonary resuscitation was unsuccessfully attempted. A subsequent autopsy revealed that the baby had multiple congenital anomalies, including a hypoplastic aortic arch and coarctation, as well as an extremely large ductus. The autopsy also revealed that Greenholz had inadvertently ligated the left pulmonary artery rather than the ductus. The parents, Cheri and Randy Gowetski, sued Greenholz, alleging medical malpractice.
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand of $249,999. The defendant offered C.C.P. Section 998 waiver of costs.
Injuries
The plaintiffs claimed general damages for emotional distress resulting from the infant's death.
Result
DEFENSE
Deliberation
3.25 hours
Poll
9-3
Length
nine days
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