Robert Arellano, Susanna Arellano v. Robert Gong
Published: Jun. 2, 2004 | Result Date: Apr. 1, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV010229 Verdict – $0
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Mary Barncastle
(technical)
Richard D. Scheinberg
(medical)
Dennis Phelps
(medical)
Donald Slutzky
(medical)
John E. Nordstrand
(technical)
Defendant
Ted Vavoulis
(technical)
Stuart Kushner
(medical)
Glenn Hollingshead
(medical)
Steven Molina Ph.D.
(technical)
Facts
On Feb. 22, 1999, at approximately 10 p.m., the plaintiff, Robert Arrelano, 42, was employed as the executive chef at a restaurant in Cambria. While cleaning a knife, he cut himself on the palm side of his right index finger, his dominant hand. The plaintiff was seen by his family practitioner, Dr. Robert Gong at his private medical office at approximately 10:30 p.m., to evaluate the injury. It was determined that the nerves and tendons were not compromised as there was sensation distal to the site of the injury and the plaintiff could flex the finger at each of its joints. The wound was then sutured closed and the patient instructed concerning follow up. The patient returned three days later, on Feb. 25, at which time his wound was reevaluated. The patient did not report any problems with the mobility or sensation in the finger, however, did note that he had returned to work and would bump the finger during the course of preparing meals at the restaurant, which would cause him some discomfort. He requested that Dr. Gong provide him with a splint to protect the finger, which was applied. The patient returned on March 4, complaining of a decrease in his ability to bend the finger. In light of the fact that the patient still had the ability to flex the finger, albeit weakly, it was felt that the decreased range of motion was secondary to the patient having worn the splint literally 24 hours a day since it had been applied the preceding week, in addition to adhesions - scarring which would naturally be occurring as the result of the healing process. The patient was thus referred to a physical therapist, for purposes of assisting in increasing the range of motion and mobility of the finger. Upon the conclusion of therapy, approximately three weeks later, the patient returned to Dr. Gong's office to be reevaluated. At that time, it was determined that he had not made sufficient progress in recovering the mobility of the joint and, accordingly, he was referred to an orthopedist, specializing in upper extremity-hand surgery, for consultation. The hand surgeon diagnosed the patient with transections with both of the flexor tendons in the finger, as well as a partial transection of the digital nerve. It was noted that because the patient was then almost two months following the initial injury, the "window of opportunity" to perform a primary repair had closed and the patient would need to undergo further physical therapy and a subsequent two-stage grafting procedure in an effort to repair the problem. The patient had an admittedly unusual, very complicated and disappointing subsequent course, resulting in a litany of subsequent surgeries. The results of the surgeries were unrewarding and ultimately the patient had his index finger amputated. He thereafter developed a pain syndrome, resulting in him being treated by a variety of medical specialists and participating in a variety of pain management programs, all to no avail.
Settlement Discussions
The plaintiffs demanded $600,000. The defense recommended a waiver of costs, which the plaintiffs rejected.
Damages
The plaintiff claimed that as a result of the amputation and the development of reflex sympathetic dystrophy, he is totally and permanently disabled. The plaintiff claimed for approximately $650,000 in loss of earning capacity (present value). He also claimed entitlement to the MICRA ceiling for non-economic damages for $250,000. His wife claimed for loss of consortium for $500,000. Medical expenses were not in evidence during the liability phase of trial.
Result
Given the anticipated length, expense and logistical difficulties of the anticipated damage aspect of trial, the case was bifurcated with Phase I being restricted to liability. The jury returned a verdict in favor of Dr. Robert Gong, finding that he was not negligent in his care of the plaintiff.
Other Information
The defendant agreed to waive his recoverable costs in consideration of the plaintiffs foregoing any post-trial motions and appeal.
Deliberation
1.5 hours
Poll
12-0
Length
six days (liability)
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