Daniella Rodriguez v. Bakersfield Memorial Hospital, Arthur Park, John Fortenberry
Published: Jul. 27, 2004 | Result Date: Mar. 25, 2004 | Filing Date: Jan. 1, 1900 |Case number: 248650AEW Verdict – $0
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Dennis R. Thelen
(LeBeau Thelen LLP)
Patrick J. Osborn
(Clifford & Brown)
Experts
Plaintiff
Phillip Harter
(medical)
Rick A. Sarkisian
(technical)
Howard R. Krauss
(medical)
William A. Frumovitz
(medical)
Defendant
Michael H. Forman
(Rosen Saba LLP)
(medical)
Alfredo A. Sadun M.D.
(medical)
Kenneth Ferra
(technical)
Reuben A. Clay
(medical)
Facts
Daniella Rodriguez, 27, a dental receptionist, became pregnant for the fourth time. In July 2001, Rodriguez started prenatal care with obstetrician Arthur Park. Her expected due date was sometime in late February 2002. At approximately 1:15 a.m. on Jan. 4, an ambulance transported Rodriguez to the emergency room at Bakersfield Memorial Hospital. She had severely high blood pressure and epigastric pain. Over the next six hours, she was treated by emergency doctor John Fortenberry for suspected gall bladder disease. A urinalysis was ordered at 2:45 a.m. and Park was consulted by telephone at 6:15 a.m. regarding his preference for a general surgeon. Fortenberry received the urinalysis results at approximately 7 a.m. It showed significant proteinuria, so Fortenberry called Park. Both doctors agreed that preeclampsia (hypertension with proteinuria or edema due to pregnancy) was the likely diagnosis. At 7:40 a.m., Rodriguez was conveyed to the labor and delivery room. At 10:45 a.m., she delivered a healthy, premature male by cesarean section. After the delivery, Rodriguez experienced abnormal vision that ultimately resulted in blindness in her right eye and major vision loss in her left eye secondary to preeclampsia.
Settlement Discussions
Rodriguez demanded $250,000. The defendants made no offer.
Damages
Rodriquez asked the jury to award between $500,000 and $1 million.
Injuries
Rodriguez suffered blindness in her right eye and severe visual impairment in her left eye, preventing her from driving, reading and from being gainfully employed.
Deliberation
four hours
Poll
12-0
Length
eight days
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