Gonzalez v. Schultz
Published: Jul. 29, 2000 | Result Date: Jun. 6, 2000 | Filing Date: Jan. 1, 1900 |Case number: SM102801 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeffrey A. Sandler
(medical)
Bruce Wapen M.D.
(medical)
Robert W. Johnson CPA
(technical)
Defendant
Richard Berkson
(medical)
Theodore Vavoulis
(technical)
Alan Heilpern
(medical)
Facts
The plaintiffs contended that defendant Albert Schultz negligently managed the medical care and treatment of
Louis Gonzalez when he presented to the emergency department of the defendant medical center. On July 9,
1996, with new onset diabetes and a blood glucose level of 1732. The patient died in the ER approximately
three hours after presentation.
Defendant Schultz contended that he met the standard of care by appropriately assessing the patient correctly
diagnosing his condition and giving the correct orders which the nurses negligently failed to carry out.
Specifically, the nurses failed to establish an IV in a timely manner as ordered but Dr. Schultz contended that
there was no causation in that the patient presented with an underlying infection that became systemic and
caused the patientÆs death, an outcome that could not have been prevented.
The defendant medical center settled prior to trial.
Damages
The plaintiffs claimed that the loss to the family of future profits from a family business, discounted to present value was $3,783,629. In addition, they claimed a loss of household services having a present value of $236,195. Taking into account an offset for personal consumption of $1,035,772, the present value of the total future economic losses was calculated by plaintiffsÆ economist to be $2,737,193. PlaintiffsÆ economist, Robert Johnson, testified that he did not offset the history of profits for the market value of the services provided to the business by the decedent, nor did he included an offset for the Social Security benefits received by the son. DefendantÆs economist, Theodore Vavoulis, calculated economic damages for the total past losses suffered by plaintiffs in the amount of $48,192; the total gross value of future losses was $632,614 ($302,170 when reduced to present value).
Other Information
A new trial motion by plaintiffs is pending.
Deliberation
two days
Poll
10-2 (Dr. Schultz was negligent), 9-3 (no causation)
Length
12 days
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