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
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
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