Brandon Scott Stout, a minor by and through his Guardian ad Litem, Shirley Young, et al. v. Siskiyou Medical Group, Catholic Healthcare West, et al.
Published: Sep. 3, 2005 | Result Date: Apr. 15, 2005 | Filing Date: Jan. 1, 1900 |Case number: SCCVPO031362 Verdict – $0
Judge
Court
Siskiyou Superior
Attorneys
Plaintiff
Matthew D. Haley
(Haley Law Offices)
Defendant
George E. Washington
(Washington & Washington)
Experts
Plaintiff
Lorna Cogan
(medical)
Jonathan Feinberg
(medical)
Ali Kavianian
(medical)
Defendant
James Cawood
(medical)
Melvin Heyman
(medical)
Robert W. Norman Jr.
(Houser LLP)
(medical)
Olajire Idowu
(medical)
Facts
Brandon Stout was born in 1992 with jejunal atresia (bowel obstruction) for which he underwent abdominal surgery as a newborn. At age 3, he was seen at Siskiyou Medical Group. He continued to receive care from Siskiyou through April 2001, including three visits for abdominal pain. Each time, he was treated symptomatically with Maalox and the pain subsided. He also had two emergency room visits with severe abdominal pain during that period. He received an enema at the first ER visit and treatment with Maalox at the second ER visit. Each time, the pain went away. Brandon was taken to the ER at Mercy Medical Center/Mount Shasta on Feb. 7, 2002, where he was diagnosed with a bowel obstruction. Most of his small intestine had to be removed due to its twisted condition and because of gangrene and blood loss. Brandon's mother, Shirley, acting individually and on behalf of Brandon, as well as Douglas, her husband, sued Siskiyou and two of its employees, family nurse practitioner Robert Giallongo and supervising family practitioner Ronald LaGro, alleging medical malpractice and negligent infliction of emotional distress. They also sued surgeon William White, internist W. Sam Williams, Mercy Medical and Catholic Healthcare West.
Settlement Discussions
The plaintiffs demanded $225,000 from Siskiyou Medical Group. Siskiyou made an offer of waiver of costs in exchange for dismissal with prejudice.
Specials in Evidence
$318,000 (medical lien)
Damages
The plaintiffs sought unspecified damages for the value of his mother's nursing services.
Injuries
Brandon suffered from short bowel syndrome, resulting in a lack of growth, a need for supplemental nutrition and numerous surgeries, including a temporary ileostomy, in which an artificial anus was surgically formed by connecting the ileum to an opening in the abdominal wall. He also suffered severe abdominal scarring.
Other Information
The plaintiffs settled with White for an undisclosed amount before trial. Williams, the admitting internist when Brandon came to Mercy Medical, was granted summary judgment, and Mercy Medical was voluntarily dismissed before trial for a waiver of costs. After LaGro and Giallongo were voluntarily dismissed, Siskiyou remained as the sole defendant. Judge William Davis granted Siskiyou's pretrial motion for summary judgment on the plaintiffs' negligent infliction of emotional distress claim, leaving only the medical malpractice action.
Deliberation
two hours
Poll
9-3
Length
eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390