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Personal Injury
Medical Malpractice
Failure to diagnose

Andrew Dinh v. Kemp Carter

Published: May 4, 2004 | Result Date: Feb. 13, 2004 | Filing Date: Jan. 1, 1900 |

Case number: C0120608JW Verdict –  $0

Judge

James D. Wareham

Court

USDC Northern


Attorneys

Plaintiff

G. Wynn Smith Jr.

James J. O'Donnell


Defendant

David R. Lucchese
(Galloway, Lucchese, Everson & Picchi)

Joseph S. Picchi
(Galloway, Lucchese, Everson & Picchi)


Experts

Plaintiff

Lawrence S. Friedman
(medical)

Carol R. Hyland M.A.
(technical)

Edwin L. Carlson
(medical)

Daniel Blanchard
(medical)

Patrick F. Mason Ph.D.
(technical)

Abraham Rothman
(medical)

Janet E. Burns
(medical)

Harold L. Karpman
(medical)

Seth Ammerman
(medical)

Defendant

Gerald H. Udinsky
(technical)

Robert Dailey
(medical)

Facts

Plaintiff Andrew Dinh, a 14-year-old boy, traveled with his family from Vancouver to San Jose. While in San Jose, the plaintiff contracted a fever, sore throat, inflamed tonsils, a rash, and enlarged lymph nodes. On July 18, 1998, the plaintiff visited Alexian Brothers Hospital and was seen by defendant Kemp Carter, M.D. The defendant diagnosed the plaintiff with pharyngitis, gave him Penicillin and discharged him. Later, on July 26, at Lucille Packard Children's Hospital in Palo Alto, the plaintiff was diagnosed with Kawasaki's Disease, a rare form of autoimmune vasculitis in children.

Injuries

The plaintiff has permanent giant aneurysms in his heart which require him to decrease physical his activities, take Coumadin for the rest of his life, and have a shortened life expectancy.

Deliberation

one hour

Poll

7-0

Length

eight days


#87553

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