Facts

On July 17, 2002, Frumencia Villegas, age 64, was admitted to University Medical Center in Fresno for evaluation of hypertension following dialysis, and possible seizure activity. Villegas was a diabetic and suffered from end stage renal disease. During the prior two years, she had had dialysis catheters placed at several different sites and three failed arterial venous fistulas.

Defendant Dr. Jeffrey Saavedra, an interventional radiologist, attempted to place an inferior vena cava catheter for dialysis access by a translumbar approach. During the procedure, the defendant punctured the inferior vena cava and the procedure was aborted. Villegas became hypertensive. A CT scan showed a retroperitinoneal bleed. She was admitted to ICU, intubated and given blood products and fluids. Physicians did not believe she would survive surgery to stop the bleed so her family opted against pursuing surgical correction. Villegas died on July 25 from the prolonged bleeding.

PLAINTIFFS’ CONTENTIONS:
Villegas seven grown children, the plaintiffs, sued the defendant for medical malpractice. They claimed the particular dialysis catheter placement procedure was inappropriate and unnecessarily risky. The asserted that safer dialysis access sites were viable and the decision to perform the procedure were rushed. The plaintiffs further asserted that the lab test results, specifically an elevated partial thromboplastin time (PTT) test showed coagulophy, were ignored, resulting in Villegas' bleeding to death.

DEFENDANT’S CONTENTIONS:
The defendant denied any malpractice. He contended that Villegas gave her informed consent to the procedure and that the procedure was the best option at the time. The defendant also contended that it was reasonable to believe that the PTT test results were incorrect given Villegas' clinical signs and other lab findings.

Settlement Discussions

The plaintiffs made a demand of $50,000 (C.C.P. Section 998) in 1994; at the time of trial, they demanded $250,000. The defendant offered waiver of costs.

Damages

The plaintiffs sought noneconomic damages for the loss of their mother. They sought an award of $500,000.

Deliberation

four hours

Poll

10-2 (on negligence); 9-3 (on informed consent)

Length

14 days