Renee Gomez v. Prime Healthcare Services III, LLC dba Montclair Hospital, Nabil Koudsi M.D., San Antonio Community Hospital
Published: Sep. 14, 2013 | Result Date: Jul. 2, 2013 | Filing Date: Jan. 1, 1900 |Case number: CIVRS1101091 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
Sanford A. Kassel
(Sanford A. Kassel APLC)
Defendant
Richard V. Zavala
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Brant A. Putnam
(medical)
Defendant
Brendan J. Carroll
(medical)
Samuel L. Maxwell
(medical)
Ronald S. Fishbach
(medical)
Facts
On Feb. 9, 2010, Renee Gomez presented to Arrowhead Regional Medical Center with symptoms of gallbladder disease, and she was subsequently diagnosed with gallstones. Her primary care physician directed her to Montclair Hospital. On Feb. 11, she presented to the Hospital, and was admitted under the care of Dr. Nabil Koudsi, a surgical consultant. She underwent laparoscopic cholecystectomy.
While recovering, Gomez developed tachycardia and low blood pressure. She was transferred to Intensive Care Unit, and later transferred to San Antonio Community Hospital in Upland. At the second hospital, she was diagnosed with a possible septic shock, prompting her admission to the ICU at that hospital.
On Feb. 15, Gomez underwent a CT scan, which showed fluid and blood around the liver. A follow-up scan was performed three days later, revealing a perforation of the descending duodenum. She was eventually diagnosed with a perforated duodenal ulcer. She remained hospitalized until March 3, and discharged to home care.
Gomez sued Koudisi; Prime Healthcare Services III LLC, which operated Montclair Hospital; and San Antonio Community Hospital for medical malpractice.
Each hospital successfully filed a motion for summary adjudication, and the matter proceeded to trial against Koudsi only.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant perforated her descending duodenum during the laparoscopic procedure he performed on Feb. 11, 2011. Plaintiff also claimed that the doctor should have performed an open procedure, which could have avoided the injury. Moreover, she claimed that the doctor should have taken her back to surgery after she exhibited signs and symptoms of sepsis, which also should have been diagnosed earlier. She also claimed that the doctor's negligence resulted in an extended hospitalization.
DEFENDANT'S CONTENTIONS:
Defendant contended that he provided plaintiff within the standard of care. Moreover, he claimed that there was no indication that he should have proceeded to an open procedure instead of performing a laparoscopic procedure. He also denied perforating her duodenum during the laparoscopic procedure, and that she had been provided with appropriate post-operative care. He also claimed that plaintiff developed a stress ulcer that caused the perforation between Feb. 15 and Feb. 18. Further, that there was no indication for additional surgery until the CT scan revealed the perforation.
Damages
Gomez also claimed to suffer residual back pain. Moreover, her injuries caused her to miss months of work. As such, she sought $500,000 for pain and suffering and damages for medical costs and lost earnings.
Injuries
Gomez suffered from a perforated descending duodenum, and developed tachycardia and low blood pressure. She claimed to have suffered acute renal failure during her extended hospital stay, which required dialysis. She also suffered from respiratory failure. She also continued to suffer ongoing stomach, back pain, and fatigue, causing difficulty standing, bending, and lifting. Koudsi argued that her ongoing symptoms were related to the severity of her gallbladder disease, and not to the treatment she received.
Result
The jury rendered a defense verdict.
Deliberation
1.5 hours
Length
15 days
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