Henry H. Gordon, et al. v. St. Jude's Hospital Folsom, et al.
Published: Apr. 16, 1994 | Result Date: Feb. 15, 1994 | Filing Date: Jan. 1, 1900 |Case number: CV524813 – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
John J. Sillis
(Zaro & Sillis)
Experts
Plaintiff
Cori Hall
(medical)
Jose Sanchez
(medical)
Sherry Johanson
(medical)
Defendant
Faith T. Fitzgerald
(medical)
Thomas A. Raffin
(medical)
Michael Stulberg
(medical)
Facts
In October of 1991, Plaintiffs' daughter, a 34-year-old severely mentally retarded woman with severe kyphosis/scoliosis had undergone massive tissue removal from her hyperplastic mouth to reduce the compromise of her breathing from her hyperplasia in October, 1991, at UCSF. In the middle of November, 1991, the patient suffered an infection or inflammation at her trachea site and was hospitalized for 4 days for treatment. A short time after returning home, the patient experienced breathing problems and was hospitalized at Defendant Mercy San Juan Hospital with a diagnosis of respiratory failure. The patient was placed in the intensive care unit on a ventilator. On December 12, 1991, a multi-disciplinary care conference was held in the presence of the Plaintiff parents. (There was a dispute at trial over what was discussed about the care plan for the patient. Plaintiffs' stated position was that they were to be trained in the care of their daughter on the ventilator so that they could take her home. The health care providers testified that an alternative transfer of the patient to a step-down facility prior to going home was discussed. The medical records were not determinative of the issue.) On December 24, 1991, after 33 days of hospitalization and documented attempts to wean the patient from the ventilator, the patient was transferred to Defendant St. Jude's Hospital of Folsom, licensed as a step-down ventilator rehabilitation facility. Defendant St. Jude's was staffed by the pulmonary medicine department of UC Davis Medical Center. Medical records at Mercy San Juan Hospital reflect concerns and questions being expressed by the family prior to the transfer. Evidence was that the patient's acute medical condition had been sufficiently stabilized so that treatment in an acute care hospital was no longer needed. Fifteen days after the transfer to St. Jude's Hospital Folsom, the patient died; no autopsy was authorized by the Plaintiffs.
Settlement Discussions
Defendants contend Plaintiffs' demanded $15,000 at a settlement conference and approximately $365,000 at trial; Defendants Mercy San Juan Hospital, Dr. Stack, and Dr. Bilunos offered nothing; other Defendants settled out early for a total of $85,000.
Injuries
Wrongful death daughter and emotional distress.
Deliberation
3.5 days
Poll
12-0
Length
6.5 weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390