Kristin Von Der Ahe, a minor, by and through her guardian ad litem, Carolyn Von Der Ahe v. J. Gordon McComb, University Childrens Medical Group
Published: Jul. 13, 2002 | Result Date: Mar. 25, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC238978 Verdict – $5,822,480
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Marshall Silberberg
(Law Office of Marshall Silberberg)
Experts
Plaintiff
Sharon K. Kawai M.D.
(medical)
Susan P. Bleecker CPA
(technical)
Michael Jensen
(medical)
James E. Boggan
(medical)
Defendant
Floyd H. Gillies
(medical)
Jeffrey Wisoff
(medical)
Theodore Vavoulis
(technical)
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
Perry R. Lubens M.D.
(medical)
Mark Mittler
(medical)
Facts
In 1998, 5-year-old Kristin Von Der Ahe was diagnosed with an optic pathway brain tumor after having an MRI
scan at Children's Hospital in Los Angeles. She and her parents were seen by Dr. J. Gordon McComb, M.D.,
on the day after the MRI was performed.
Dr. McComb advised the family that she had a craniopharyngioma, that the tumor was easy to get out and was
not cancerous.
According to the plaintiffs, while discussing the risks of surgery, Dr. McComb indicated, "This is brain
surgery," but did not inform them about a risk of blindness or stroke. Defendant McComb advised the family
that "there is always a risk of anesthetic complications during major surgery," but that Kristin would probably
be able to return to school within a few months.
The defendant doctor did not inform that parents that the entire tumor could not be removed, nor that there
were any other alternatives to the surgery.
According to the plaintiffs, the doctor scheduled the operation within two days and that the tumor "needed to
be taken out," or their daughter would die.
Hours into the operation, a resident informed the parents that the tumor was not a craniopharyngioma, but a
pilocytic astrocytoma. Though benign, an astrocytoma is more difficult to remove during surgery.
Later on, the resident informed the family that the defendant was evaluating "how aggressive to be," and that,
"It is a judgment call, and Dr. McComb does this all the time."
When the surgery was just about finished, the defendant doctor told the family that he thought heÆd gotten all
of the tumor out except a slight bit under the optic nerve. He also told the parents that there were no problems
during surgery and that their daughter should begin to wake up within a few hours.
The next day, Kristin failed to wake up. Upon entrance to the Intensive Care Unit, records show her left pupil
was dilated.
An MRI scan revealed that Kristin had suffered a bilateral thalamic infarct, a type of stroke, during surgery.
The stroke rendered Kristin mute, incontinent, blind. She can only communicate by
placing her hand on a personÆs right or left shoulder in response to questions.
Settlement Discussions
The plaintiffs submitted a C.C.P 998 policy limits demand of $2,000,000. No offer was made by the defendants.
Other Information
The defendantsÆ motions for judgment notwithstanding the verdict and new trial were denied. The plaintiff was awarded costs and interest in the amount of $855,820 for a total judgment of $6,680,299.
Deliberation
three days
Poll
12-0 (negligence), 9-3 (causation)
Length
two weeks
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