Daniel George v. Robert S. Firpo
Published: Jun. 29, 2004 | Result Date: Apr. 1, 2004 | Filing Date: Jan. 1, 1900 |Case number: 01CC05547 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
John C. Kelly
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Ralph S. Hanson
(medical)
Stewart H. Gleischman M.D.
(medical)
Defendant
Sandra Wallace
(medical)
Robert L. Shuman M.D.
(medical)
Facts
The plaintiff Daniel George was a 50-year-old morbidly obese diabetic who underwent a five vessel coronary artery bypass on April 28, 2000. Approximately, 10 days following his discharge from the hospital, the plaintiff complained to his cardiologist that he was experiencing drainage and potential infection from a wound in his left leg. The plaintiff was told by his cardiologist to go to the emergency room and that he would be met there by the defendant, Dr. Robert Firpo, who was the assistant surgeon for the five vessel coronary artery bypass graft procedure. According to Dr. Firpo, he visually inspected the sternal wound during the emergency room visit and found nothing out of the ordinary. The patient did, however, have evidence of a minor wound infection in the left leg and Cipro was prescribed. In contrast to Dr. Firpo's recollection, both the plaintiff and his girlfriend testified that they asked Dr. Firpo to inspect the sternal wound which he refused to do because he did not feel that it was necessary. Four days later, the patient returned to the cardiologist for evaluation. At that time, there was clear evidence of an underlying sternal wound infection. The plaintiff was re-admitted for a 36-day hospitalization during which muscle and skin grafts were performed. The plaintiff has required continual wound care treatment over the past four years and in fact part of the patient's wound is still open.
Injuries
Severe disfigurement, multiple surgical procedures, continued wound care management and pain and suffering.
Deliberation
six hours
Poll
10-2 (for plaintiff on liability), 9-3 (for defendant on causation)
Length
nine days
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