Facts

In May 2009, plaintiff Martha Martinez, 55, was first seen by defendant Eduardo Guzman, M.D. Plaintiff went to Dr. Guzman for a gynecological exam. Martinez's medical history included three cesarean sections, a total abdominal hysterectomy, and a laparoscopy for an ovarian cyst. During that initial visit, she informed Dr. Guzman that she would get occasional right lower quadrant discomfort. Dr. Guzman ordered an ultrasound that was negative and Martinez did not see him again until December 2010 for a gynecological exam. At that time, plaintiff again told him of lower quadrant pain. Dr. Guzman told plaintiff the pain was due to her ovaries and that he would have to take them out. On Jan. 8, 2011, Dr. Guzman surgically removed plaintiff's ovaries, and performed an extensive cutting of adhesions.

On the morning of Jan. 11, Martinez was taken to the emergency room where she was taken into emergency surgery for a bowel perforation.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that although Dr. Guzman had written that the surgery would take 1½ hours it took 3½ hours, and that after being sent home following the surgery, she felt progressively worse. Plaintiff claimed that after numerous attempts to reach him, on Jan. 10, Dr. Guzman spoke to Martinez and told her that she needed a suppository, but the suppository provided no relief. Plaintiff claimed that the bowel perforation was caused during the surgery performed by Dr. Guzman. Plaintiff had a colostomy, and was fitted with a colostomy bag. The first attempt to reverse the colostomy was unsuccessful and altogether Martinez required colostomy bags for approximately 20 months before her surgeon was able to successfully take down the colostomy.

Plaintiff contended that her post-menopausal ovaries were not causing her pain. Plaintiff claimed that Dr. Guzman fell below the standard of care in failing to rule out other more likely causes of the pain; in performing the surgery to remove the ovaries; in failing to write his report of the surgery within 24 hours of the surgery, but writing after he already knew of the complications plaintiff had suffered; and in failing to make a proper and timely response to repeated calls by plaintiff after the surgery.

DEFENDANT'S CONTENTIONS:
Dr. Guzman contended, and asserted that all the trial experts agreed, he was not below the standard of care in performing the surgery, and that a perforation of the colon could happen in the absence of negligence. Defendants also contended that all trial experts agreed that while the ultrasound was negative for pathology, adhesions involving the ovaries would not show up on ultrasound. The surgery took place on a Saturday and dictation service was down the entire weekend. Defendants contended that while the report was not dictated within 24-hours, it had no bearing on causation and what occurred at the time of the surgery. Dr Guzman conducted a full physical examination of the plaintiff when she presented at the clinic on Dec. 8, 2010. At that time her complaints involved bilateral radiating pelvic pain and that palpation of the right Adnexa area produced pain.

Settlement Discussions

Plaintiff made a CCP 998 demand for $425,000. Enrique Martinez, plaintiff's spouse, made a CCP 998 demand for $75,000. The defense made no offer and there were no settlement negotiations.

Injuries

Plaintiff suffered perforated colon, severe and widespread peritonitis, and needed to undergo a colostomy. Plaintiff required the use a colostomy bag for over a year following the surgery.

Result

The jury found in favor of plaintiff, and awarded her $716,977, which included $316,977 in past economic damages, $300,000 in past noneconomic damages, and $75,000 in future economic damages for Martha Martinez, and $25,000 for loss of consortium to Enrique Martinez. The court later reduced the award to $591,977, because the non-economic damages portion of the award exceeded the MICRA cap on non-economic damages.

Other Information

The judgment with pre- and post judgment interests and expert fees, has been paid. The total amount paid was $628,981. INSURER: Fairway Physicians Insurance Co. for defendant. FILING DATE: March 15, 2012.

Deliberation

3.5 days

Poll

9-3

Length

six days