Mary Boyd, Paula Boyd and Darryl Boyd v. Eric N. Silbiger, M.D., Leo Chung-Ming Young, M.D., HealthCare Partners Medical Group, Inc. et al.
Published: Apr. 13, 2004 | Result Date: Jan. 30, 2004 | Filing Date: Jan. 1, 1900 |Case number: YC044769 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Richard J. Ryan
(R.J. Ryan Law APC)
Experts
Plaintiff
Irving Posalski, M.D.
(medical)
David J. Weiner M.B.A., AM
(technical)
Defendant
Jeffrey Salberg
(medical)
Jennie Angelos
(technical)
Facts
The decedent's wife, Mary Boyd, called the Healthcare Partners Medical Group advice line on Sunday, Dec. 30, 2001 and noted her husband, Mr. Boyd, was feeling weak and was coughing. An appointment was scheduled with Dr. Leo Young in the after-hours clinic that morning. Mr. Boyd presented to Dr. Young, complaining of having vomited on Christmas Day and that he had been sick for a few days. Dr. Young performed a physical examination and identified that Mr. Boyd was not in acute distress, was alert and oriented. A hemocult test was negative, with no melena. There was no postural complaint, so blood pressure and dehydration did not seem to be significant issues. Dr. Young diagnosed pneumonia and ileus and prescribed Rocephin intramuscularly. Mr. Boyd was instructed to return to see his regular doctor, Dr. Eric Silbiger, in close-follow up the next day, Dec. 31, 2001 and to follow a clear liquid diet as tolerated. Further, he was advised to go to the emergency room immediately if he developed nausea and/or vomiting. On Dec. 31, 2001, Dr. Silbiger examined Mr. Boyd and assessed that his intestinal ileus was resolving but that he continued to have pneumonia. Mr. Boyd did not complain of shortness of breath. His lungs were clear to auscultation, with decreased breath sounds in the right base. His abdomen was soft, with positive bowel sounds. Dr. Silbiger assessed his condition as improving. After seeing Dr. Silbiger on Dec. 31, 2001, Mr. Boyd's condition deteriorated rapidly. Paramedics were called to the Boyd residence for respiratory distress at approximately midnight. He was transported to the hospital, where he was diagnosed with bilateral pneumonia, adult respiratory distress syndrome, sepsis and renal failure. Mr. Boyd expired on January 4, 2002 at Robert F. Kennedy Medical Center. The immediate cause of death was adult respiratory distress syndrome due to pneumonia. Acute renal failure contributed to death.
Settlement Discussions
Plaintiff demand was 250,000. The defendants agreed to waive their right to recover costs against the plaintiffs in exchange for entry of a request for dismissal with prejudice.
Specials in Evidence
210,539
Damages
Non-economic: $250,000; economic: $210,539.
Poll
12-0 (on liability Dr. Leo Young); 11-0 (on liability with one undecided Dr. Eric Silbiger)
Length
seven days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390