Carroll L. Phillips v. Southern California Permanente Medical Group, Ralph Dilibero
Published: Jul. 7, 2004 | Result Date: May 6, 2004 | Filing Date: Jan. 1, 1900 |Case number: DUM0002818 Arbitration – $200,000
Court
Case Not Filed
Attorneys
Plaintiff
Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)
Defendant
Experts
Plaintiff
Robert W. Chandler
(medical)
Mikel R. Whiting
(medical)
Defendant
Thomas J. Grogan M.D.
(medical)
Facts
On June 23, 2001, the plaintiff, then aged 54 went fishing. As she stepped from the dock to the boat, she slipped and fell striking her right elbow. She was transported by ambulance to Chapman Medical Center in Orange County and was evaluated through the emergency room. X-rays at Chapman disclosed that plaintiff had suffered a comminuted supracondylar fracture of her right elbow. Her arm was placed in a splint and she was transferred that evening to Kaiser Foundation Hospital in Los Angeles. At Kaiser, the plaintiff came under the care of orthopedic surgeon, Ralph Dilibero who ordered AP and lateral x-rays of the elbow and thereafter saw the plaintiff sometime after midnight on June 24. Dr. Dilibero manipulated the fracture and achieved what he felt was satisfactory alignment of the fractured fragments. The patient was placed in a cast and discharged home at approximately 3:30 a.m. to follow with Dr. Dilibero on an outpatient basis. The plaintiff saw Dr. Dilibero on June 25. Repeat x-rays were taken and Dr. Dilibero concluded that the fracture was stable and had not moved. The plan was to continue conservative care and to return in a week. The plaintiff saw Dr. Dilibero on July 6. At this time, repeat x-rays documented that the fracture was unstable and had slipped producing a significant override of the fracture fragment. Dr. Dilibero contended that he had an informal consultation with his colleague, Michael Pearl, M.D., the Kaiser elbow specialist on treatment options in light of the unstable fracture. Dr. Dilibero contended that Dr. Pearl expressed the opinion that he thought that the displaced fracture would still provide a satisfactory result if allowed to heal. Dr. Pearl had no recollection of the conversation with Dr. Dilibero and no recollection that he advised Dr. Dilibero that allowing the fracture to heal in the displaced position would provide a satisfactory result. Dr. Dilibero contended that on July 6, he discussed surgery, the results of surgery, the indications for surgery, the alternative to surgery and had answered all of plaintiff's questions in that regard. The plaintiff denied that any such conversation took place and was told that although the fracture had slipped, it was still in a satisfactory position and she would have a satisfactory result if the current position was maintained. When the plaintiff left Dr. Dilibero on July 6, the plan was to continue in the long cast and return in two weeks for repeat x-rays. The plaintiff continued seeing Dr. Dilibero and the condition went from bad to worse. She developed severe pain in her shoulder and wrist, in addition to extreme pain in her right elbow. Dr. Dilibero referred the plaintiff to Dr. Pearl on Nov. 2. At this time, Dr. Pearl prepared a formal consultation describing a physical examination, his review of x-rays and his diagnosis. The diagnosis was elbow stiffness, status post-fracture, rotator cuff tendonitis right shoulder and probable carpal tunnel syndrome. Dr. Pearl's plan was to place the patient in a Dyna splint to hopefully improve elbow function and he ordered testing for her other problem. After exhausting the treatment and therapy offered to her from Kaiser without satisfactory result, the plaintiff sought a second opinion outside of Kaiser. The plaintiff obtained a consultation with Robert Chandler, M.D. of the Kerlan-Jobe Orthopedic Group. Dr. Chandler diagnosed an insufficiency union and a malunion of the distal humerus with severe loss of motion along with numbness of the right hand. The only option for plaintiff was osteotomy in an attempt to obtain some approximation of anatomic function of the elbow.
Settlement Discussions
The plaintiff demanded C.C.P. Section 998 for $250,000. The defense made no offer.
Injuries
As at this time, the plaintiff has not had repair surgery. She has returned to work as a registered nurse. She has severe pain with limitation function of the right elbow and arm. She has a deformed right arm at the elbow with severe limitation of motion and she endures pain.
Result
The arbitrator, Alexander S. Polsky, awarded the plaintiff $200,000 in general damages.
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