Bay Tran, Huy Bich Tran v. Torrance Memorial Hospital, Nooshin Naghsheh, Ronald Becker
Published: Sep. 16, 2000 | Result Date: Aug. 9, 2000 | Filing Date: Jan. 1, 1900 |Case number: YC028341 Verdict – $0
Judge
Court
L.A. Superior Civil West
Attorneys
Plaintiff
Defendant
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
Experts
Plaintiff
H. Jerome Stuhlberg
(medical)
Defendant
Thomas W. Broderick
(medical)
Mark Hachigian
(medical)
Facts
The plaintiff, Bay Tran, underwent a barium enema at Torrance Memorial Hospital. X-ray technician, defendant Nooshin Naghsheh, inserted the catheter and infused barium, but the catheter was expelled. Naghsheh then reinserted the catheter and inflated the balloon before further infusing barium. The plaintiff expressed no complaints of discomfort. During fluroscopy, Dr. Becker noted free air and immediately attended to the patient. An emergency surgical consult was obtained and the patient underwent an exploratory laparotomy and sigmoid colectomy with divided colostomy, during which a seven centimeter linear laceration was noted in the rectosigmoid colon. The plaintiff subsequently underwent re-anastamosis and abdominal exploration, during which no significant scarring was noted. Radiographic studies in mid-1999 confirm no development of stricture.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $150,001. The defendants made a C.C.P. Section 998 waiver of costs.
Specials in Evidence
$150,000
Damages
The plaintiff claimed negligence by defendants in the performance of a barium enema resulting in colon laceration. Huy tran claimed loss of consortium.
Injuries
Colon laceration; Huy Tran claimed loss of consortium.
Deliberation
one day
Poll
12-0 (for Torrance Memorial Hospital), 11-1 (for Dr. Becker)
Length
six days
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