Angel Cuellar v. Sutter Tracy Community Hospital, Donald R. Marram, Howard Allison
Published: Aug. 31, 2004 | Result Date: May 4, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV005332 Verdict – $0
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Isam Felahy
(medical)
Facts
In early 1997, Angel Cuellar, 71, experienced severe pain in his right foot. Podiatrist Donald Marram diagnosed a neuroma and suggested surgical removal. Cuellar had a history of insulin-dependent diabetes and coronary atherosclerosis, as well as an aortic aneurysm and repair that was complicated by a severe post-operative infection. Marram asked internist and cardiologist Howard Allison to examine Cuellar before the foot surgery. Allison had been involved in Cuellar's care from time to time since 1989. On March 27, 1997, Allison examined Cuellar and found faint bilateral pedal pulses. Allison allegedly discouraged Cuellar from having the foot surgery because of his history of diabetes, vascular disease and previous post-operative infection. According to Allison, Cuellar intended to proceed with the surgery because of the intense foot pain. Allison then called Marram and advised him of the risks of the proposed foot surgery. On March 31, Marram removed a neuroma from Cuellar's right foot. Cuellar was discharged in stable condition, but was seen in the emergency room several times for a wound infection. On May 12, Allison admitted Cuellar to the hospital. On June 9, he was transferred to Stanford University Hospital for above-the-knee amputation of his right leg.
Settlement Discussions
Prior to trial, Marram settled the claims against him for an undisclosed amount. The hospital was dismissed with prejudice in exchange for a waiver of costs. Allison was the only defendant at trial. The jury found that Cuellar had actual knowledge of sufficient facts to prompt a reasonable person to name Allison as a potential defendant, rather than designating him as a Doe defendant. Therefore, Cuellar's claim against Allison was time-barred.
Injuries
Cuellar asserted that the post-operative infection resulted in the above-the-knee amputation of his right leg.
Deliberation
2.5 hours
Poll
10-2
Length
seven days
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