Cawley v. Cabalo
Published: Jun. 26, 1999 | Result Date: Apr. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: SCV30444 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Deborah O. deBoer
(Kramer, deBoer & Keane)
Experts
Plaintiff
Darryl Matthew See
(medical)
Defendant
J. Brennan Cassidy
(medical)
Ronald S. Fishbach
(medical)
Facts
The patient, Cawley, first came to see the defendant, Dr. Cabalo, M.D., in August 1993 for a routine checkup. The patient complained of numbness in the thumb and index finger which the defendant noted as possibly carpal tunnel syndrome, and placed the patient in a wrist splint and had him return 10 days later. Dr. Cabalo treated the plaintiff with Altare until he developed a cough, upon which time, Dr. Cabalo requested that the patient come in for another checkup. Dr. Cabalo noted in the workup that the plaintiff was an obese gentleman, weighing 229 pounds at a height of 5 foot 11 inches. Dr. Cabalo continued the patient on Calan and prescribed Insulin for his diabetes. Dr. Cabalo continued to see the patient througout 1993 and into 1994, mainly for refills of Insulin and checkups. In February 1994, Dr. Cabalo recommended that the patient undergo a flexible sigmoidoscopy and possible biopsy and barium enama. The patient underwent the biopsy on March 30, and the pathology diagnosis of the colon was moderately differentiated adenocarcinoma in one of the obtained fragments. Dr. Cabalo then referred the patient to Dr. Roy, who planned to schedule him for a colonoscopy to evaluate the lesion and any synchronous lesions before deciding to go ahead with surgery. Surgery was then performed on May 25, by Dr. Sanderfer with Dr. Moon Young Lee assisting. On this date, the patient underwent a sigmoid polypectomy after intraoperative colonoscopy. Dr. Cabalo saw the patient again on June 7, and indicated that he was doing well post-operatively but noted that he had flare up of inflammation of the right knee. Dr. Sanderfer saw the patient again in July 1994, noted that he was doing well and his wound had healed. The patient was then discharged from Dr. Sanderfer's care and referred back to Dr. Roy so that he could get on a yearly or bi-yearly colonoscopy schedule. Dr. Cabalo then saw the patient for routine checkups. He saw the plaintiff on Oct.18, for a flu vaccine and to recheck his blood pressure and general health on Oct. 25. On Jan. 5, 1995, the patient came to Dr. Cabalo's office complaining of urinary frequency, nocturia and URI. The antibiotic Septra was prescribed and Dr. Cabalo scheduled a urine sensitivity test, which indicated the presence of a bacterial staphylococcus aureus organism. On Jan. 10, the patient complained a non specific pain and was given a prescription for Vicodin. Dr. Cabalo also scheduled the patient for a retro-peritoneal ultrasound, which revealed relative right renal enlargement non-specific but no mass was identified. The patient complained of back and supra pubic pain without fever. On Jan. 13, Dr. Cabalo changed the antibiotic from Septra to Cipro and the patient was referred to a urologist. On Jan. 20, the patient complained of worsening back pain. Dr. Cabalo gave the patient a shot of Marcaine and Kenalog to his back for the pain and referred him to an othopedist on Jan. 27, because of the continued complaints of pain. The orthopedic referral, Dr. Husain, saw the patient on Jan. 30, and injected the right SI area with some unknown agent. The patient was referred to the hospital on Feb. 16, by Drs. Husain and Cabalo for an MRI. The history and physical indicated that he had been complaining for a few weeks of back pain. The MRI revealed an abscess involving the right psoas muscle area near the L2-3 level, as well as a possible epidural abscess of the L2-3 level and right subarticular recess of the level of the L3 pedicle. Probably osteomyelitis involving the L2-3 vertebral bodies was also noted. A white blood scan was recommended to confirm and the diagnosis and to identify the possible source of the infection. An orthopedic consultation was then obtained and the patient was transferred to Loma Linda University Medical Center. ****
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $250,000 (plus specials). The defendant made no offer.
Damages
Injuries associated with the loss of a loved one in the form of care, comfort, society and affection and loss of income in the amount of $800 a month associated with the deceden'ts pension payment. The wife-plaintiff was 76-years-old and the seven other plaintiffs were the adult children. General damages wre limited to a single sum of $250,000 irrespective of the numerous number of plaintiffs. Special damages were limited to funeral and burial expenses and any associated personal medical expenses. The medical bills associated with the decedent's care and treatment were substantial, approximately $240,000 but were covered by collateral sources.
Injuries
The plaintiffs suffered the death of a husband and father of adult children.
Result
**** CONTINUATION OF FACTS: The patient was discharged from Inland Valley Regional Medical Center with a diagnosis of paraspinal abscess and discitis. Dr. Cabalo's notes indicated that he last spoke with the patien's wife on Feb. 27, 1995, when she indicated that her husband was in Loma Linda was making good progress. The patient died on April 2, 1995. The plaintiffs brought this action against the defendants based on negligence.
Other Information
The verdict was reached approximately two years and nine months after the case was filed.
Deliberation
3-1/2 days
Poll
11-1
Length
13 days
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