Steven Jordan, Rocio Jordan, individually and in their capacities as personal representative of the Estate of Carmen Jordan v. Gregory Groetsema
Published: Jul. 27, 2004 | Result Date: Apr. 13, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV804862 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Anthony M. Boskovich
(Law Office of Anthony M. Boskovich)
Defendant
Robert T. Lynch
(Law Offices of Madden & Lynch PC)
Experts
Plaintiff
Gregory Moran
(medical)
Defendant
Ted W. Hard
(medical)
Charles G. Prober M.D.
(medical)
Facts
At 9 p.m. on March 21, 2001, Steven and Rocio Jordan took their 2-year-old, Carmen, to O'Connor Hospital in San Jose. Carmen experienced joint pain, fever, and vomiting that started at approximately 6:30 p.m. Carmen was seen by nurses and examined by emergency doctor Gregory Groetsema. Carmen's parents contended that they told the nurses and doctor that Carmen's cousin was in a pediatric intensive care unit with a high fever, altered mental state, joint pain, and a severe rash. They also indicated that the cousin had Henoch-Schonlein purpura (HSP), a type of vasculitis or inflammation of blood vessels that involves joint pain, rash, and gastrointestinal symptoms, or meningitis. Carmen was diagnosed with a fever of 100.7 degrees and three to four small hemorrhagic spots on her face, but nowhere on her body. During the examination, Carmen did not show any distinctive signs of the onset of either HSP or meningitis. At 11:55 p.m., Groetsema discharged Carmen in stable condition, instructing her parents to give her Tylenol and plenty of fluids for the fever. He also told them to follow up with her pediatrician in the morning, but if Carmen started showing any increase in symptoms, they should immediately take her to an emergency room. At 3:30 a.m., Carmen's parents found that she had a rash, high fever, and joint stiffness. They took her to a medical facility, where she was diagnosed with meningococcemia. Carmen's condition continued to worsen and she died on March 25. Carmen's parents sued Groetsema for medical malpractice and wrongful death.
Settlement Discussions
The plaintiffs demanded $250,000. Groetsema offered waiver of costs.
Damages
The Jordans claimed noneconomic damages for the wrongful death of their daughter. Damages were limited by the MICRA cap of $250,000.
Deliberation
two hours
Poll
12-0 (no breach of standard of care)
Length
seven days
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