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Personal Injury
Medical Malpractice
Failure to diagnose

Edward McCarthy v. Saint Agnes Medical Center, Dalpinder Singh Sandhu, John Telles, Dale Merrill

Published: Jun. 22, 2004 | Result Date: Mar. 29, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 02CECG02562 Verdict –  $0

Judge

Donald S. Black

Court

Fresno Superior


Attorneys

Plaintiff

Paul J. Pimentel
(Tomassian, Pimentel & Shapazian)


Defendant

Richard S. Salinas
(Salinas Law Group Inc.)


Experts

Plaintiff

Herbert E. Milstein
(medical)

Defendant

Reginald Low
(medical)

Michael J. Botte
(medical)

Facts

In 2001, the plaintiff, Edward McCarthy, 33, was admitted to Saint Agnes Medical Center by cardiologist Dalpinder Sandhu. McCarthy had atypical chest pain with end stage renal disease, venous obstruction, chronic anxiety, dilated cardiomyopathy, history of multiple cardiac arrest and congestive heart failure. Cardiologist Dale Merill who previously treated McCarthy, assumed his care. During the admission, intravenous Amiodarone, a cardiac medication was given. The infiltration caused severe pain, blistering, severe swelling, numbness, reduction in grip strength and reduction in range of motion in his right forearm. After being discharged, McCarthy sought treatment at St. Mary's Regional Medical Center in Apple Valley. While there, the condition in his right forearm deteriorated. Physicians diagnosed and surgically treated McCarthy for compartment syndrome. A total of 17 unsuccessful surgeries were performed on his right arm and as a result, McCarthy developed Volkman's contracture, tissue degeneration cause by interference with blood flow. Having lost the use of his right arm and hand, McCarthy sued Saint Agnes in Fresno, Merrill, Sandhu and cardiologist John Telles, alleging medical malpractice.

Injuries

The plaintiff has no use of his right arm and his dominant right hand. His fingers are in a clawed position pressed against his palm. He has extensive scars on his right forearm, thighs (from skin grafts) and continued pain and discomfort.

Result

DEFENSE

Other Information

St. Agnes Hospital settled two weeks before trial. Telles was dismissed on the first day of trial.

Deliberation

two hours

Poll

9-3

Length

nine days


#95859

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