Terry Bell, Linda Bell v. Herbert Gladen, James Davis, Krista Kaups, William Dominic, John Bilello
Published: Apr. 26, 2005 | Result Date: Feb. 3, 2005 | Filing Date: Jan. 1, 1900 |Case number: 03CECG00502SJK Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Leonard C. Herr Jr.
(Herr, Pedersen & Berglund LLP)
Defendant
William M. White
(White & Canepa LLP)
Experts
Plaintiff
Cornelius Doherty
(medical)
Defendant
Leo J. Murphy
(medical)
Facts
On Sep. 24, 2001, plaintiff Terry Bell, age 51, consulted with surgeon Herbert Gladen for gastric bypass surgery. The plaintiff weighed 353 pounds and stood five-feet, nine-inches tall (his excess body weight was 206 pounds). He had diabetes mellitus, arthritis in his knees, feet and ankles, sleep apnea and dyspnea on exertion. His past medical history included progressive claudication and heart disease with two prior myocardial infarctions and placement of two stents. On Nov. 21, Gladen performed a Roux-en Y gastric bypass. Two days later, the plaintiff began experiencing shortness of breath which progressed to respiratory failure requiring intubation. He was transferred to the intensive care unit (ICU) and was monitored by doctors and residents James Davis, Krista Kaups, William Dominic and John Bilello. A CT scan of plaintiff's abdomen revealed no leak. Complications developed which included pneumonia, empyema, liver abscess and peri-splenic abscess. Multiple repeat CT scans were negative for leaks. On Feb. 19, 2002, a CT scan revealed a gastric perforation. Surgery was performed to repair the perforation. The plaintiff remained in the ICU until May 2002, when he was transferred to rehabilitation. He was discharged home on July 31.
Settlement Discussions
The plaintiff made a demand of $500,000 and his wife demanded $250,000. The defendants offered waiver of costs (C.C.P. Section 998).
Injuries
The plaintiff spend six months in ICU, two months in rehabilitation and underwent multiple surgeries. He claimed residual complaints of foot drop requiring a brace, loss of hearing, loss of ability to concentrate and loss of sexual function. He claimed past medical expenses of $256,161 (Medi-Cal lien), as well as unspecified general damages. The plaintiff's wife claimed unspecified damages for loss of consortium.
Result
The jury returned a defense verdict. The defendants will be filing a cost bill.
Deliberation
two hours
Poll
12-0
Length
10 days
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