Vivian Y. Wang, David Tsao v. California Pacific Medical Center, Marvin Ming Quan, M.D., Michael G. Hernandez, M.D., Kathryn J. Clark, M.D., Black Company, a corporation, White Company, a co-partnership
Published: Aug. 5, 2006 | Result Date: Apr. 13, 2006 | Filing Date: Jan. 1, 1900 |Case number: CGC-04-428543 Verdict – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
John H. Dodd
(Craddick, Candland & Conti)
Experts
Plaintiff
Anita Fligge
(medical)
Christopher Vaughan
(medical)
Defendant
Edward T. Riley
(medical)
Carole Hutchinson
(medical)
John Wachtel
(medical)
Facts
Plaintiff Vivian Y. Wang suffered postpartum internal bleeding after the cesarean section delivery of her daughter. She then developed disseminated intravascular coagulopathy (DIC), which causes inappropriate coagulation of blood vessels and failure to clot at the site of the bleeding. The plaintiff underwent a hysterectomy to stop the bleeding. The plaintiff sued the California Pacific Medical Center and anesthesiologist Michael Hernandez for malpractice.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants' negligence caused or contributed to her development of DIC and the resultant hysterectomy. She contended that the DIC could have been prevented had the medical staff reacted appropriately to a drop in her blood pressure fifteen minutes after delivery. A nurse noticed the drop and told Hernandez, who was treating other patients at the time. The plaintiff claimed he should have come to her bedside immediately, and that the nurse should have made a greater effort to get Hernandez or the obstetricians to come right away.
DEFENDANT'S CONTENTIONS:
The defendants denied the plaintiff's development of DIC was due to any negligence by them. They claimed their behavior met the standard of care required.
Settlement Discussions
The plaintiff demanded $250,000, her husband demanded $150,000. The defendants offered to waive costs.
Damages
The plaintiff sought the maximum allowable amount for pain and suffering, and her husband sought the maximum amount available for his loss of consortium.
Injuries
The plaintiff is no longer able to bear children. She and her husband had planned to have another child.
Result
The jury found no negligence.
Other Information
The plaintiff's claims against Marvin Quan and Kathryn Clark, the obstetricians, were dismissed prior to trial. The plaintiff also initially raised a consent claim. She alleged that she was not informed of the possibility of the complications she experienced as a result of the cesarean section. She dismissed the claim prior to trial as well.
Deliberation
2.5 hours
Poll
11-1 (in favor of California Pacific Medical Center), 9-3 (in favor of Hernandez)
Length
10 days
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