Sharon Smith v. Samuel Zia, M.D., Paul Liu, M.D.
Published: Jul. 25, 1998 | Result Date: May 12, 1998 | Filing Date: Jan. 1, 1900 |Case number: GC017581 Verdict – $0
Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
Roy D. Goldstein
(Law Offices of Jamie Skebba)
Michael A. Zuk
(Herzfeld & Rubin LLP)
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
Experts
Plaintiff
Ina Amber
(medical)
Defendant
Leo A. Gordon
(medical)
Jeffrey Salberg
(medical)
Jeremy Cole
(medical)
Facts
On May 26, 1995, the decedent, a 52-year-old woman, had a fall from a scooter she used for transportation. On May 30, she went to defendant Dr. Samuel Zia because of increasing pain in her right hip area. Zia's examination revealed no breaks in the skin or redness. He ordered a hip X-ray to rule out fracture. On May 31, the decedent returned to Zia's office. The plaintiff claimed the visit was for increasing complaints of pain, and an odorous discharge from her right leg. Defendant Zia denied seeing the decedent on May 31, stating her visit was only to have the hip X-ray taken. On May 31, at approximately 11 p.m., plaintiff Sharon Smith, the decedent's daughter, telephoned Zia because of increased pain, blisters, and discharge. A message was allegedly left with Zia's telephone exchange (disputed by the defendants). The plaintiff claimed that no return call was ever received. On June 1, at approximately noon, the plaintiff telephoned Zia to report increasing redness, numbness, blackened skin color, and blistering. She asked Zia if her mother should be taken to the emergency room. He said she could be seen at the clinic. Zia stated he would be in the clinic an additional 30 minutes and after that time she could be seen by one of his associates. The decedent arrived at the clinic at approximately 1 p.m. on June 1. She was seen by defendant Dr. Paul Liu. The nurse's note indicates that the decedent complained her right side ached, her right leg began feeling numb the day before, her breathing seemed agitated, and there was a blister on the inner thigh. Plaintiff Arthur Smith, the decedent's son, who accompanied her to this office visit, claimed there was a large area of discoloration with foul smelling drainage. He also testified his mother had a change in her mental status. The vital signs included a blood pressure of 90/62, pulse of 88, and temperature of 96.7. The systolic blood pressure reading of 90 was 10 ml. lower than the May 30 visit with Zia, and 40-50 ml. lower than the average visit. Liu's chart note indicates there was a single blister without discharge. He ordered a check of thyroid function and basic blood work. The decedent was instructed as to wound care, and advised to get bed rest. Vicodin (pain medication) was prescribed. Finally, the decedent was told to see Zia in one week if the hip or wound pain worsened. The decedent rapidly deteriorated during the afternoon of June 1. She was seen at the San Gabriel Valley Medical Center at approximately 10 p.m. and admitted to the hospital shortly thereafter. She was diagnosed with septic shock and necrotizing fasciitis. Triple strength intravenous antibiotics and extensive debridement surgery was unsuccessful, and decedent died on June 2, 1995. The plaintiffs, the decedent's husband and two adult children, brought this wrongful death action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $300,000. The defendants made no offers.
Injuries
Death of mother.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. A settlement conference was held on March 4, 1998, before the Hon. Victor Person, no further settlement offers. On March 18, 1998, each defendant brought separate motions for summary judment before the Hon. Thomas W. Stoever. There motions were denied. Defendant Liu's request for a Writ of Mandate from the Court of Appeals to overturn the denial of his motion for summary judment was also denied. The case then proceeded to trial.
Deliberation
3½hours
Poll
12-0 (Dr. Zia); 10-2 (Dr. Liu)
Length
nine days
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