Kim Hong Tran v. Sharp Memorial Hospital
Published: Jun. 7, 1997 | Result Date: Apr. 28, 1997 | Filing Date: Jan. 1, 1900 |Case number: 699499 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
James E. Swingley
(Law Office of Jame E Swingley)
Defendant
Experts
Plaintiff
Rosemarie Horsch
(medical)
Defendant
Marilee K. Nebelsick
(medical)
Facts
On May 21, 1994, plaintiff Kim Hong Tran, a 32-year-old legal translator and office manager, presented to defendant Sharp Memorial Hospital to deliver her second child. A nurse attempted to start an IV in her left wrist area. The plaintiff claimed that in doing so, the nurse damaged the radial nerve. The plaintiff brought this action against the defendant hospital based on medical negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $20,000. The defendant made no settlement offers.
Specials in Evidence
$32,500
Injuries
The plaintiff claimed she suffered permanent numbness from the wrist to the nail bed of her left thumb, and weakness and pain involving her left hand. (Two neurologists testified and agreed that radial nerve injury at the level of the wrist can only result in sensory deficit, not motor deficit.)
Other Information
EXPERT TESTIMONY: Plaintiff's expert Rosemarie Horsch, a registered nurse, testified that the first IV attempted in the plaintiff's left arm was inappropriate because a 16- or 18-gauge needle would have been too large for the plaintiff and the choice of site (the wrist area) is always inappropriate, as it is an area of flexion. She also testified that in a petite female, the wrist would carry a higher potential risk of injury because the nerve and vein are close. Defense expert Marilee K. Nebelsick, a registered nurse, testified that the use of a 16- or 18-gauge needle in the plaintiff's case would have been within the standard of care, and that the wrist area is an appropriate site for IV placement.
Deliberation
+ hour
Poll
9-3
Length
5 days
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