David Frenette, Cynthia Abiad, Laurie Raymundo, Timothy Frenette, Linda Frenette, Scott Frenette, Catherine Frenette v. Samuel Doolittle
Published: Oct. 7, 2000 | Result Date: Sep. 13, 2000 | Filing Date: Jan. 1, 1900 |Case number: 801162 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Russell Gross
(medical)
Defendant
Lee Kissel
(medical)
Edwin A. Suddleson
(medical)
Facts
On May 27, 1997, the decedent, Mary Frenette, age 56, presented at the emergency department of St. Jude Medical Center with complaints of lower abdominal pain. She was evaluated by the ER physician who did not determine an etiology of the abdominal pain and instead, called the decedent's treating physician, Samuel Doolittle. Dr. Doolittle evaluated the patient in the ER and took a verbal history from the patient which included a three-day history of lower abdominal pain, left greater than right. Additionally, the patient had nausea and vomiting and a slight fever. Dr. Doolittle made a preliminary diagnosis of diverticulitis and hospitalized the patient on IV antibiotics. The plaintiff claimed that Dr. Doolittle also ordered an abdominal ultrasound, which was never performed, but Dr. Doolittle assumed negative. On the third day of hospitalization, the patient's condition worsened and Dr. Doolittle ordered a CT of the abdomen. The radiologist read the CT of the abdomen as inconclusive and recommended letting additional contrast pass and repeating the test the following day. When the CT scan was repeated the following day, the radiologist was suspicious of intra-abdominal abscesses. As a result, a surgeon was called by Dr. Doolittle. The surgeon reviewed the CT scans and physically examined the patient. The surgeon was also of impression that the patient was suffering from diverticulitis and changed the antibiotic regimen at that time. The following morning, the patient had not improved and in fact, continued to spike fevers. As a result, the surgeon took the patient to surgery and upon opening the abdomen encountered multiple intra-abdominal abscesses and a ruptured appendix. Two days post surgery, the patient developed Adult Respiratory Distress Syndrome and remained hospitalized for approximately two months. The patient never recovered and died.
Settlement Discussions
The defendant offered a dismissal for a waiver of costs.
Damages
$412,000 (past and future loss of earnings, loss of household services and funeral and burial expenses)
Deliberation
two hours
Poll
12-0
Length
seven days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390