Joseph Cooper, as Executor to the Will of Reno Coletti Sr., Diane Coletti v. Ujagger Dhillon
Published: May 6, 2006 | Result Date: Nov. 21, 2005 | Filing Date: Jan. 1, 1900 |Case number: 03CECG02968 Verdict – Defense
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Nicholas J.P. Wagner
(Wagner, Jones, Kopfman & Artenian LLP)
Joseph D. Cooper
(Cooper & Cooper LLP)
Defendant
Experts
Plaintiff
Michael Bender
(medical)
Dale Kirkegaard
(medical)
Stephen Booker
(medical)
Defendant
James W. Ostroff
(medical)
Facts
In 2000, following a mitral-valve replacement, a feeding tube was inserted into the stomach of 86-year-old Reno Coletti Sr. because he had trouble swallowing. After Coletti's daughter noticed that the tube was outside his stomach, she took her father to Dr. Ujagger Dhillon's office. Dhillon had inserted a tube into Coletti's stomach on various occasions in 2001. Dhillon treated Coletti by inserting a percutaneous endoscropic gastrostomy (PEG) tube. Following his first feeding after the new tube was inserted, Coletti began experiencing abdominal pain. An X-ray was taken after Coletti was transported to Fresno Community Hospital. It showed that part of the PEG tube and balloon were in Coletti's peritoneum. An endoscopy was performed during which the balloon and PEG tube were removed. A new balloon and PEG tube was then inserted. By the following day, Coletti's condition worsened. He died at Fresno Community Hospital at the age of 88. Diane Coletti sued Dhillon on behalf of her father's estate, alleging medical malpractice.
Contentions
PLAINTIFF'S CONTENTIONS:
the plaintiff contended that the decedent died from an intra-abdominal infection that was caused either by improper insertion of the tube or a failure to make sure the tube had been secured once inserted into the stomach.
DEFENDANT'S CONTENTIONS:
the defendant contended that he properly inserted the tube, which was secure when he discharged the decedent. As a result, the defendant claimed that the tube must have come out as a result of the tube catching on something or because the decedent pulled it out.
Settlement Discussions
The plaintiff demanded $199,000 and the defendant offered a waiver of costs.
Damages
The Estate sought $21,000 in expenses incurred by the estate for funeral and medical expenses. Plaintiff Diane Coletti sought non-economic damages for wrongful death in the amount of $250,000.
Result
Defense verdict.
Other Information
The defense filed a memorandum of costs, and accepted plaintiffs' offer of $10,000 to resolve costs.
Deliberation
1.5 hours.
Poll
12-0
Length
eight days;
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