Carlton and Nancy Duplan v. Peter Hein M.D.,
Published: Jul. 13, 1996 | Result Date: May 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: 686602 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Teresa A. Trucchi
(Suppa, Trucchi & Henein LLP)
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Luis J. Perez
(medical)
Defendant
Thomas D. Martinez
(medical)
Randall W. Smith
(medical)
Facts
Plaintiff Carlton Duplan, a 50-year-old machinist, had been a patient of defendant Peter Hein, M.D. for several years when his wife, plaintiff Nancy Duplan, called Dr. Hein's office on January 8, 1994. She called to make an appointment for her husband who was sick. Defendant Dr. Hein was not in the office that day, but another doctor was available. The Duplans failed to show up for the appointment that they scheduled on an emergency basis. (The plaintiffs claimed they were unable to move Carlton Duplan and make the appointment which was set for 30 minutes later, and medication was prescribed over the telephone.) On January 10, 1994, Dr. Hein saw Mr. Duplan. From the history and examination, he concluded that Mr. Duplan had injured his lower back moving equipment at work. He prescribed bed rest and medications and told Mr. Duplan to return in one week. On January 13, 1994, Mr. Duplan returned with a fever and a general feeling of "malaise". Dr. Hein felt that Mr. Duplan had the flu as well as a lower back injury. He prescribed a flu medication and told him to continue on bed rest and to return in two or three days. On January 14,1994, Dr. Hein talked to Mrs. Duplan and she told him her husband's fever was gone and he was feeling better. A urine culture taken on January 13, 1994, demonstrated a low concentration of white blood cells on January 14, 1994. On January 16, 1994, Dr. Hein received a phone call from Mrs. Duplan indicating her husband was very sick and had a high fever. Dr. Hein told her to take him to the emergency room. Within several hours, an epidural abscess was diagnosed at the hospital and the plaintiff underwent surgery to remove the abscess and part of his vertebra. He was hospitalized for approximately three weeks. The plaintiffs, husband and wife, brought this action against the defendant based on medical negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $29,999. The defendant made no settlement offer.
Specials in Evidence
$___________ $___________ $___________ $___________
Damages
The plaintiff wife claimed loss of consortium.
Injuries
The plaintiff, Carlton Duplan, alleged that the epidural abscess progressed, causing injury to his spinal cord and requiring more extensive surgery than would have been necessary if it had been diagnosed earlier and more extensive hospitalization as a result of the defendant's medical negligence.
Other Information
Following the defense the case settled for a waiver of $4,900 in costs in exhange for the plaintiffs' appeal rights. Per the plaintiffs, the jurors asked defense counsel to deliver a message to the doctor that they were not pleased by his behavior in the case. Per the defendant, the jurors merely suggested that the defendant could have acted earlier.
Deliberation
5+ hours
Poll
12-0 (per defendant) or 9-3 (per plaintiffs)
Length
4 days
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