Irene Cruz, Fatima Cruz, Sofia Cruz, Marian Cruz, et al. v. Hany Farid, Greater Valley Medical Group
Published: May 11, 2004 | Result Date: Mar. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: PC031000W Verdict – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Thomas F. Yuhas
(Herzog, Yuhas, Ehrlich & Ardell APC)
Defendant
Thomas M. Peabody
(Peabody & Buccini LLP)
Experts
Plaintiff
Jordan Goodstein
(medical)
Lawrence Cohen
(medical)
Defendant
Timothy C. Wilson
(medical)
Scott A. Lipson
(medical)
Facts
After being diagnosed with colon cancer, the plaintiff's decedent, a 50-year-old computer software programmer, was referred to the defendant, Dr. Hany Farid, for surgery. Surgery was completed on June 8, 2001 without incident and the patient was discharged on June 14. On June 21, the patient returned to Dr. Farid's office for a follow up visit. Although the patient told Dr. Farid he was eating and having bowel movements, his stomach was distended and his wife claimed he only tolerated Jell-O, soup and water. Dr. Farid ordered an x-ray of the abdomen which he interpreted as showing as ileus. A radiologist agreed. The plaintiff was, therefore, sent home and was told to return on an "as need" basis. On June 20, the patient presented to the Emergency Room with vomiting, no appetite, dehydration and severely abnormal electrolytes. An abdominal series was read as a small bowel obstruction and Dr. Farid was called. Dr. Farid elected to manage the patient conservatively until June 29, when the patient showed obvious signs of peritonitis. At surgery, Dr. Farid identified numerous small bowel lacerations and tissue beyond repair. The post-operative diagnosis was small bowel obstruction with peritonitis from perforations. The decedent developed fistulas, was transferred to USC for wound care and he ultimately died from sepsis and organ failure.
Settlement Discussions
The plaintiffs demanded $800,000; there were no offers but an indication of perhaps up to $200,000.
Damages
The plaintiffs' counsel asked for a verdict of $1.55 million. Specials in evidence amounted to $1.05 million.
Deliberation
1.5 hours
Poll
12-0
Length
seven days
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