Hector Gerardo v. Vincent Ajanwachuku, M.D.
Published: May 17, 2014 | Result Date: Feb. 3, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIVVS1201929 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
Randall S. Schiavone
(Kampf, Schiavone & Associates)
Defendant
Jeffery W. Grass
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Stewart H. Gleischman M.D.
(medical)
Nephtali Gomez
(medical)
Michael H. Walter
(medical)
Thomas Nguyen
(medical)
Defendant
Leo J. Murphy
(medical)
Facts
Hector Gerardo sued Dr. Vincent Ajanwachuku after complications arose from a surgical procedure.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on Feb. 13, 2011, he underwent a laparoscopic cholecystectomy, performed by Dr. Ajanwachuku, after he went to St. Mary Medical Center in septic shock. During the surgery, Dr. Ajanwachuku was forced to convert the surgery into an open procedure, because circumstances arose that made it impossible for him to identify the necessary landmarks for surgery. Dr. Ajanwachuku removed Gerardo's gallbladder, after determining that it had been gangrenous and necrotic. At the conclusion of the surgery, a drain was placed to collect bodily fluids.
Immediately after the surgery, nurses documented that the drain was operating properly and draining 700-milliliters per day. However, during two post-operative visits, the nurses observed that the amount being drained had fallen to only 100-milliliters and 80-milliliters per day. On a third visit, the amount had increased again back to 700-milliliters. Dr. Ajanwachuku suspected that a clip had fallen off, which was a recognized complication of the procedure. Gerardo then required an additional surgery to correct the complication. While the second surgery fixed the leak, an additional surgery was later necessary to correct another problem.
Gerardo claimed that Dr. Ajanwachuku's actions amounted to medical malpractice. He argued that the two subsequent surgeries had been a result of Dr. Ajanwachuku's mistakes during the initial surgery, and that he should have noticed problems with the drainage earlier.
DEFENDANT'S CONTENTIONS:
Dr. Ajanwachuku denied that he damaged Gerardo or made any mistakes during the initial surgery, and claimed that the drainage immediately after Gerardo's surgery was normal. The later sudden rise of drainage numbers was due to a recognized complication of surgeries like the one Gerardo underwent, and had been unavoidable.
Settlement Discussions
Gerardo demanded $119,999.999 to settle. Dr. Ajanwachuku offered $29,999.99.
Damages
Gerardo requested $200,000 for his damages.
Result
The jury ruled in favor of Dr. Ajanwachuku, finding no medical malpractice.
Deliberation
five hours
Poll
11-1
Length
seven days
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