Lorna Oden, Tiffany Kingsbury-Howard v. Jon Oberg, James M. Stone, Richard Maples, Mercy Home Health Redding, Mercy Medical Center
Published: Aug. 6, 2005 | Result Date: May 6, 2005 | Filing Date: Jan. 1, 1900 |Case number: 146027 Verdict – $0
Judge
Court
Shasta Superior
Attorneys
Plaintiff
Defendant
Steven R. Enochian
(Low McKinley Baleria & Salenko LLP)
George E. Washington
(Washington & Washington)
Experts
Plaintiff
Albert R. Gutowsky
(technical)
Harlan B. Watkins Jr.
(Murphy, Pearson, Bradley & Feeney)
(medical)
Bruce Hirshfeld
(medical)
Defendant
Richard H. Andolsen
(medical)
Henry Chambers
(medical)
Jerry Powell
(medical)
Facts
Michael Oden, a 40-year-old truck driver who suffered from diabetes, went to Mercy Medical Center Redding in
April 2001, complaining of chest pain. He was diagnosed with congestive heart failure and dilated
cardiomyopathy, with an ejection fraction of 35 percent. He was released after doctors ruled out a myocardial
infarction.
Oden followed up with his family practitioner, Richard Maples, two weeks later. Maples diagnosed him with
atrial fibrillation and administered Coumadin. Oden shortly reported pain in his right leg, which turned out to
be deep vein thrombosis. Vascular surgeon Jon Oberg performed a thrombectomy on May 18, 2001, after
various radiographic procedures with punctures of the left femoral artery were performed. A hematoma in the
left groin was also evacuated during the surgery, and a small amount of purulent material was cultured. The
culture was lost with no follow-up.
Oden was admitted to Mercy Medical Center Redding on June 5, 2001 with sepsis resulting from an infected
hematoma. Staph Aureus was cultured. Dr. James Stone performed a debridement on the hematoma, during
which he noted a pseudo aneurysm and involvement of the left femoral artery. Oberg repaired the artery with a
patch graft from the saphenous vein.
Oden was discharged on June 15, 2001, with orders by Dr. Jeffrey Krahlig for intravenous antibiotics and 5 mgs
of Coumadin per day with daily INRs to measure the coagulation of the blood, to be performed by nurses from
Mercy Home Health. Oden was to follow up with Maples, who had not been involved with the last several
weeks' hospitalizations.
A Mercy Home Health nurse reported a soupy, tan discharge with a foul odor from the surgical wound in a
message to Maples's office on June 21, 2001. Oden visited Maples the next day and found that the wound
appeared intact and was draining clear serosanguineous material. The discharge summary given to Maples by
the hospital only mentioned debridement of the hematoma, not the vascular surgery that Oden received. Maples
ordered a blood test of Oden's Vancomycin level and an INR. The INR showed elevated coagulation, so
Maples decreased the Coumadin from five mg per day to four mg per day and ordered another INR for the
following Tuesday. Oden suffered two incidents of frank bleeding from the wound with drainage of purulent
material over the weekend. The incidents were reported to the surgeon on call, but not to Maples. Oden was
advised to visit the emergency room. He resisted the advice. Oden bled to death in the bathtub at his home on
June 24, 2001. The bleeding was caused by a rupture of the infected left femoral artery because of a left groin
infection.
Settlement Discussions
The plaintiffs demanded $25,000. Maples made no offer.
Specials in Evidence
between $80,000 and $140,000, based on Oden's life expectancy of five to 10 years
Damages
The family sought damages for loss of consortium, loss of services, loss of earning capacity, past and future pain and suffering and loss of support.
Deliberation
1.5 hours
Poll
10-2
Length
eight days
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