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Personal Injury
Medical Malpractice
Wrongful Death

Lyn Quinn as successor in interest to Thomas Quinn III, deceased v. Monterey Park Hospital, Lewit A. Worrell and Tamara Rae Rossotti

Published: Apr. 21, 2007 | Result Date: Feb. 6, 2007 | Filing Date: Jan. 1, 1900 |

Case number: GC034933 Verdict –  Defense

Court

L.A. Superior Alhambra


Attorneys

Plaintiff

Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)


Defendant

William H. Ginsburg

Richard D. Carroll

Vincent P. D'Angelo


Experts

Plaintiff

J.R. Schnitman
(medical)

Keith Kimble
(medical)

Defendant

Richard Ruffalo
(medical)

Dale H. Rice
(medical)

Jeanette Cummings
(medical)

Facts

Lyn Quinn brought her son, 12-year-old Thomas, to Monterey Park Hospital for a tonsillectomy. The nurse, Tamara Rossotti, administered morphine sulfate general anesthesia and Lewit Worrell performed the procedure. They sent Thomas home and the boy died in his sleep later that night. Lyn Quinn alleged the hospital, nurse, and physician caused the wrongful death of her son. Further, she sued Rossotti for medical malpractice.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended the hospital and physician breached their standard of care by failing to keep the patient overnight in order to monitor his progress. Further, the nurse should not have anesthetized the boy with morphine.

DEFENDANT'S CONTENTIONS:
Defendants contended their standard of care did not require them to observe the patient overnight in the hospital; Thomas died of unrelated causes. Morphine sulfate was a proper anesthetic for the tonsillectomy and defendants fulfilled their standard of care at all times.

Damages

Plaintiff claimed $15,000 in burial expenses and $250,000 (MICRA cap) in damages for emotional distress and loss of society.

Result

Defendants not liable.

Deliberation

two days

Poll

10-2

Length

seven days


#89895

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