Robert McMahan and Roy McMahan v. Parkview Community Hospital, John Robertson, M.D., Chao-Huange Sun, M.D., Wan Hee Choi, M.D.
Published: Jun. 19, 1999 | Result Date: Feb. 28, 1999 | Filing Date: Jan. 1, 1900 |Case number: 269375 Verdict – $164,412
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Michael M. Berger
(Manatt, Phelps & Phillips LLP )
Defendant
Experts
Plaintiff
Donald F. Nortman M.D.
(medical)
Defendant
Wayne Gradman
(medical)
William P. Klein
(Klein Law Group LLP)
(medical)
Facts
On June 1, 1994, the plaintiff's mother, Edna McMahan, then 82 years old was admitted to a hospital. Upon admission into the hospital, Edna McMahan was diagnosed as suffering from severe congestive heart failure, chronic renal failure, hypertension, anemia, uremia, and diabetes. Lab studies shortly before admission showed a BUN of 150 and creatinine level of 5.1. On June 1, 1994, Edna McMahan underwent dialysis treatment. In order to provide hemodialysis treatment, it was necessary for a right femur Quinton catheter to be placed for vascular access. This placement resulted in a right groin hematoma. A pressure dressing with ice packing was placed for some period of time around the site of the hematoma in an attempt to curtail its expansion. There was no further concern regarding this right groin hematoma until the early morning hours of June 3, 1994 when the hematoma was noted to be expanding. At that time, the defendant Dr. Robertson, was notified of the enlarging hematoma by the nursing staff. Dr. Robertson ordered that a sandbag be placed and two units of packed red blood cells by typed and matched for transfusion later that morning. Later that morning, Dr. Robertson ordered that the sandbag be removed based upon the finding that the hematoma ws softer in nature. Shortly thereafter, Edna McMahan was examined by the defendant, Dr. Choi, who performed a physical examination but did not observe the hematoma, which had now grown to encompass decedent's thigh, groin and hip areas. Additionally, Dr. Choi failed to note the precipitous drop in Edna McMahan's blood pressure and hematocrit. At approximately 11 a.m., the nursing staff found Edna McMahon in an unresponsive state. Shortly thereafter, she died. The coroner's report listed the cause of death as an extensive intramuscular hemorrhage, right thigh and leaking right femoral artery dialysis catheter. The plaintiffs brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $29,999 against each defendant. The defendants rejected the plaintiff's offer. Prior to the start of trial, the plaintiffs' counsel informed defense counsel that plaintiffs were amenable to settling the case against the three defendant physicians for a total sum of less than the reporting limits. As a result of the prior offer to compromise, the plaintiff, Roy McMahan, was entitled to additional costs and interest amounting to approximately $27,000. Previously, the plaintiffs had settled with the defendant hospital for a confidential sum.
Damages
$_____ for ________.
Injuries
The plaintiff sustained the death of their mother.
Other Information
The verdict was reached approximately three years after the case was filed.
Deliberation
six hours
Poll
11-1 (against defendants John Robertson, M.D. and Wan Hee Choi, M.D. on the issues of negligence and causation) and a defense verdict in favor of Chao Huange-Sun, M.D. on the issue of negligence
Length
six days
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