Jeannie Goleta v. Kevin Malone
Published: Jul. 29, 2000 | Result Date: Mar. 9, 2000 | Filing Date: Jan. 1, 1900 |Case number: 728938 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Kenneth J. Medel
(Signature Resolution)
Experts
Plaintiff
Christopher Swalwell
(medical)
Elliot D. Felman
(medical)
Ismael Naanep
(medical)
Defendant
Nancy R. Kollisch
(medical)
Thomas W. Cummings
(medical)
Paul Goldstein
(medical)
Facts
In July 1997, the patient presented to the ER with complaints of abdominal pain, chills and fever. An elevated
white blood count and positive blood culture was noted. She was treated for gastroenteritis.
In September, she presented to another ER with complaints of swollen glands, fever and sores on the hands
and neck. An elevated white blood count was also noted and she was treated with antibiotics.
Two days later, she presented to the defendant, her primary care physician. At that time, a previously noted
abnormal pap smear and a history of sexually transmitted disease was discussed with the patient and an
appointment was made for her to follow-up with an OB/GYN.
The patient did not go to the OB/GYN appointment because she changed health care insurance plans.
On December 7, she presented to an urgent care center with complaints of fever, abdominal pain, stiff neck,
vomiting and diarrhea. Although she was diagnosed with a viral infection, she was given antibiotics for a
bacterial infection and high white blood cell count.
On December 10, she presented at the defendantÆs office, because she had been ill for days, her symptoms had
worsened and she was told to follow-up with her primary care physician by the Sharp Urgent Care physician.
She was diagnosed with a probable viral flu syndrome and was sent home.
The next day, she presented to the ER with complaints of abdominal pain. However, while in the ER, she
became unstable and was ultimately moved to the ICU in critical condition. CT scans found a ruptured tubo-
ovarian abscess in the pelvic area that was at least three to six months old; the abscess was surgically removed.
The patient never recovered and died on December 24.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $249,999. The defendant made a C.C.P. Section 998 offer for dismissal in exchange for waiver of costs.
Other Information
The defendant has been awarded costs incurred during trial.
Deliberation
6.5 hours
Poll
10-2 (no negligence)
Length
eight days
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