David Holiday, Jennifer Holiday v. Eric Sorensen, Kings Health Medical Group, Hanford Community Medical Center, Richard Sampson
Published: Oct. 21, 2003 | Result Date: Jun. 27, 2003 | Filing Date: Jan. 1, 1900 |Case number: 00C0805 Verdict – $0
Judge
Court
Kings Superior
Attorneys
Plaintiff
John F. Denove
(Cheong & Denove)
Defendant
Experts
Plaintiff
Patrick F. Mason Ph.D.
(technical)
Jeffrey E. Galpin M.D.
(medical)
Defendant
Richard A. Johnson
(medical)
Manfred E. Wolff
(medical)
Rick A. Sarkisian
(technical)
Ted Vavoulis
(technical)
Hans Einstein
(medical)
Randall C. Epperson Ph.D., ABPP
(medical)
Joseph T. Capell M.D.
(medical)
Facts
In August 1994, the plaintiff, David Holiday, a 26-year-old silage harvester repairman and crew manager, presented to Kings Health Medical Group with one episode of coughing up blood. A chest x-ray at the time revealed a cavitary lesion in the right upper lung lobe consistent with coccidiomycosis (Valley Fever). He returned for a skin test, which proved negative for the disease, but a follow-up blood test came back positive. According to the defendants, a message was left for plaintiff to return to the clinic for a follow-up blood test. One year later, the plaintiff returned for matters unrelated to his August 1994 visit, however, the follow-up blood test was not obtained. In January 1999, the plaintiff developed disseminated cocci meningitis. The plaintiff and his wife, Jennifer, sued the medical group, Hanford Community Medical Center, Eric Sorensen, M.D. and Richard Sampson, M.D., alleging medical malpractice.
Settlement Discussions
The plaintiffs demanded $750,000, reduced to $500,000 during trial; the defendant made no offer.
Specials in Evidence
$1 million $1.1 million
Damages
Plaintiff Jennifer Holiday claimed loss of consortium, including lack of assistance in the household for their autistic child.
Injuries
The plaintiff claimed he suffered from permanent meningitis and arachnoiditis requiring lifetime medication and treatment and resulting in permanent total disability.
Other Information
The defendants' expert on Valley Fever testified that the plaintiff's case was only the second case of disseminated disease from a stable cavitary lesion he had seen, and only one of five cases he had seen of dissemination more than four years after diagnosis of the primary infection.
Deliberation
two hours
Poll
12-0
Length
eight days
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