Judy A. Wafford v. County of Santa Clara, Santa Clara Valley Medical Center, East Valley Clinic
Published: Sep. 25, 2010 | Result Date: Apr. 30, 2010 | Filing Date: Jan. 1, 1900 |Case number: 1-08-CV-103021 Verdict – Defense
Court
Santa Clara Superior
Attorneys
Plaintiff
Patricia A. Boyes
(Boyes Legal APC)
Defendant
Experts
Plaintiff
Ronald Ruff Ph.D.
(medical)
Bruce Wapen M.D.
(medical)
Joseph L. Izzo
(medical)
Defendant
Michael J. Bresler
(medical)
Dennis Gerald Geselowitz
(medical)
Dorothy Dennin
(medical)
Lawrence Dickinson
(medical)
Gary Pasternak
(medical)
Facts
On Jan. 5, 2007, plaintiff Judy Wafford went to the East Valley Urgent Care Clinic, complaining of a painful left-sided headache. Wafford was prescribed pain medication and was instructed to go to the Santa Clara Valley Medical Center emergency room, which she did not.
On Feb. 24, Wafford suffered a cerebral aneurysm rupture while driving a vehicle, causing her to hit a tree. Wafford was taken to Regional Medical Center where she was treated to address the injury.
Wafford sued the County of Santa Clara, Santa Clara Valley Medical Center (VMC), and the East Valley Clinic (EVC) for medical malpractice.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that EVC was negligent in its failure to diagnose her condition and failure to conduct further evaluation. Wafford contended that had EVC conducted a more thorough evaluation, she might have been transferred to VMC by ambulance, where it would have been revealed that she had an aneurysm. Wafford claims that she developed right-sided weakness, suffered from two heart attacks, and continues to suffer from headaches, cognitive difficulties, difficulty sleeping, depression, and anxiety as a result of the aneurysm rupture and the subsequent surgical procedures.
DEFENDANTS' CONTENTIONS:
Defendants contended that Wafford's headache was properly evaluated at EVC. EVC further contended that the on-duty physician recommended Wafford visit the emergency room, but she refused. Defendants contended that the rupture Wafford suffered 50 days later would not have been revealed by further evaluation and is an unexpected coincidence.
Damages
Wafford sought more than $2.5 million in total, including $732,000 in medical expenses.
Injuries
Plaintiff claimed to have suffered a ruptured aneurysm with resultant anxiety, cognitive defects, depression, headaches, insomnia, myocardial infarction, and stroke.
Result
The jury rendered a verdict in favor of the defense. The court subsequently awarded defendants $82,189 in costs.
Deliberation
1.5 hours
Poll
10-2
Length
nine days
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