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Medical Malpractice
Cancer patient claimed chemo treatment cost him use of hand
Verdict: (P) $400,000.00
Case Type: Hospital, Medical Malpractice - Failure to Monitor, Medical Malpractice - Failure to Treat, Medical Malpractice - Negligent Treatment, Medical Malpractice - Nurse
Case: Luis Benavides v. County of Los Angeles, No. BC 333023
Venue: Superior Court of Los Angeles County, Compton, CA
Judge: Rose H. Hom
Date: 06-06-2007

PLAINTIFF(S)
Attorney:
Michael D. Payne; Law Offices of Michael D. Payne; West Covina, CA, for Luis Benavides
Expert:
Patty Lee R.N.; Oncology; Brea, CA called by: Michael Payne
Kathy Pearson R.N.; Nursing; Fullerton (submitter not sure), CA called by: Michael Payne
Robert Gale M.D.; Oncology; Los Angeles, CA called by: Michael Payne

DEFENDANT(S)
Attorney:
Jack M. Schuler; Schuler & Brown; Van Nuys, CA, for County of Los Angeles
Linda Diane Anderson; Schuler & Brown; Van Nuys, CA, for County of Los Angeles
Expert:
Malin Dollinger M.D.; Oncology; Rolling Hills Estates, CA called by: Jack Schuler, Linda Anderson
Mary Young R.N.; Oncology; Unknown, CA called by: Jack Schuler, Linda Anderson

Facts: In December 2003, plaintiff Luis Benavides, 54, unemployed due to a disability, was diagnosed with colon cancer at the Harbor-UCLA Medical Center, which is located in Torrance and operated by the county of Los Angeles. In the same month, he underwent surgery and was recommended for chemotherapy with oxaliplatin. On March 10, 2004, Benavides began his chemotherapy, receiving oxaliplatin intravenously in the back of his left hand. On March 13, during his fourth chemotherapy session, oxaliplatin leaked into the tissue of his left hand. Claiming physical and emotional damages, Benavides sued the county for medical malpractice. Benavides claimed that county employees failed to adequately monitor his oxaliplatin intake and failed to prevent the drug from leaking into his hand.

Benavides also claimed that county employees failed to appropriately care for him after the leaking. The county disputed the allegations, contending that county employees met the standard of care in all instances. The county argued that, once the leaking occurred, employees provided prompt and appropriate treatment and did everything possible to prevent infiltration.

Injury: Benavides claimed permanent loss of use of his left hand, pain and suffering, disfigurement, physical impairment, loss of enjoyment in life, grief, humiliation and emotional distress. The damage to his tissue, muscle and nerves resulted in weakness as well as loss of sensation and loss of grip strength in his hand. He also claimed permanent disfigurement of a claw like appearance of his hand. He asked for $450,000. The county disputed the damages, contending that they were exaggerated, and that Benavides sustained soft-tissue injuries only.

Verdict Information The jury returned a plaintiff verdict, awarding a lump sum of $400,000.

Post-Trial: Benavides will move for postjudgment interest. The county is exempt from having to pay prejudgment interest, as per state law.

Editor's Comments This report is based on information that was provided by plaintiff's counsel and defense counsel.

Motor Vehicle
Man went into cardiac arrest and died at accident scene
Settlement: $300,000.00
Case Type: Sideswipe
Case: Aida Azaryan, Edvin Kadimyan, Edgar Kadimyan & the Estate of Zhorik Kadimyan v. Wei Wen Huang & Min Liang Xiao, No. GC036715
Venue: Superior Court of Los Angeles County, Pasadena, CA
Judge: Joseph F. DeVanon
Date: 01-28-2008

PLAINTIFF(S)
Attorney:
Michael D. Payne; Law Offices of Michael D. Payne; West Covina, CA, for Aida Azaryan, Edvin Kadimyan, Edgar Kadimyan
Expert: None

DEFENDANT(S)
Attorney:
Timothy P. McDonald; Ford, Walker, Haggerty & Behar; Long Beach, CA, for Wei Wen Huang, Min Liang Xiao
Expert: None

Insurer: Automobile Club of Southern California for defendants

Facts: On Nov. 7, 2005, plaintiff's decedent Zhorik Kadimyan, 45, a taxi driver, was driving a car east on the 134 freeway in Los Angeles when he was forced off of the road due to being sideswiped by a car driven by Wei Huang. Twenty minutes later, while still at the accident scene, Kadimyan went into cardiac arrest and died.

Kadimyan's wife, Aida Azaryan, 45, and sons Edgar Kadimyan, 22, and Edvin Kadimyan, 23, sued Huang and the owner of the vehicle, Min Liang Xiao, for wrongful death, alleging negligence in the operation of the vehicle and vicarious liability. Kadimyan's family claimed that Huang caused the accident by making an unsafe lane change. Defense counsel argued that a third vehicle struck Huang's car, causing him to collide with Kadimyan's vehicle.

Injury: Kadimyan went into cardiac arrest and died at the scene of the accident. Kadimyan's family sought $300,000 in damages (policy limits) for loss of earnings, support, comfort and love. Defense counsel argued that Kadimyan's death was a result of a preexisting health condition, including a prior heart attack.

Verdict Information Prior to trial, the parties agreed to a $300,000 settlement (policy limits) when Huang accepted a C.C.P. Section 998 offer from Kadimyan's family.

Editor's Comments This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.

Premises Liability
Inadequate pool signs, poor ER care blamed for quadriplegia
Mediation: $3,897,000.00
Case Type: Failure to Warn, Medical Malpractice - Negligent Treatment, Medical Malpractice - Hospital, Medical Malpractice - Emergency Room, Premises Liability - Swimming Pool, Agency/Apparent Agency - Vicarious Liability, Recreation - Swimming Pool
Case: Gabriela Martinez, a minor, by and through her Guardian ad Litem, Arturo Martinez v. Roe Hospital 1, Roe Emergency Room Doctor, Roe Emergency Room Group, Roe Hospital 2 and Roe Condominium Complex, No. KC050803 J
Venue: Superior Court of Los Angeles County, Pomona, CA
Judge: Dan T. Oki | William Sheffield
Date: 01-24-2009

PLAINTIFF(S)
Attorney:
Michael D. Payne; The Law Offices of Michael D. Payne; West Covina, CA, for Gabriela Martinez, Arturo Martinez
Expert:
Alessandro Anfuso M.S., C.V.E.; Vocational Rehabilitation; Alhambra, CA called by: Michael Payne
Jan Roughan; Life Care Planning; Calabasas, CA called by: Michael Payne
Karen Owens P.T., P.C.S.; Pediatric Rehabilitation; Irvine, CA called by: Michael Payne
Jeffrey Gross M.D.; Neurosurgery; Laguna Niguel, CA called by: Michael Payne
Robert Johnson; Economics; Los Altos, CA called by: Michael Payne
George Henry Ph.D.; Neuropsychology; Los Angeles, CA called by: Michael Payne
Jay Preston C.S.P., P.E.; Safety; Los Angeles, CA called by: Michael Payne
Joel Rosen M.D., F.A.C.P.; Physical Medicine; Northridge, CA called by: Michael Payne
William Rowley Ph.D., P.E.; Safety; Palos Verdes Estates, CA called by: Michael Payne
Laurence Friedman M.D.; Quality of Care & Risk Management; Woodland Hills, CA called by: Michael Payne
Bonnie Kelley R.N., M.A.; Nursing Administration; Woodland Hills, CA called by: Michael Payne
Arthur Shorr; Hospital Administration & Procedures; Woodland Hills, CA called by: Michael Payne

DEFENDANT(S)
Attorney:
Chris Love; T. Emmet Thornton & Associates; Santa Monica, CA, for Roe Hospital 1
Heidi L. Kjar; Reback, McAndrews, Kjar, Warford & Stockalper LLP; Manhattan Beach, CA, for Roe Emergency Room Doctor, Roe Emergency Room Group
Larry T. Pleiss; Madory, Zell, Pleiss & McGrath, P.C.; Tustin, CA, for Roe Hospital 2
None reported; null, null, for Roe Condominium Complex
Patricia Scidmore; Madory, Zell, Pleiss & McGrath, P.C.; Tustin, CA, for Roe Hospital 2
Robert C. Reback; Reback, McAndrews, Kjar, Warford & Stockalper LLP; Manhattan Beach, CA, for Roe Emergency Room Doctor, Roe Emergency Room Group
T. Emmet Thornton; T. Emmet Thornton & Associates; Santa Monica, CA, for Roe Hospital 1
Thien Nguyen; Reback, McAndrews, Kjar, Warford & Stockalper LLP; Manhattan Beach, CA, for Roe Emergency Room Doctor, Roe Emergency Room Group

Expert:
Morris Farkas; Safety; Culver City, CA called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love
Kimberly BeDell M.D.; Pediatric Rehabilitation; Long Beach, CA called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love
Jean Lake M.D.; Pediatric Neurology; Long Beach, CA called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love
Glen Egstrom Ph.D.; Kinesiology; Los Angeles, CA called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love
Jerome Hoffman M.A., M.D.; Emergency Room/ER; Los Angeles, CA called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love
Carl Orfuss M.D.; General Practice; Sacramento, CA called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love
Stacey Helvin R.N.; Life Care Planning; Yorba Linda, CA called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love
Steven Molina Ph.D.; Vocational Rehabilitation called by: Attorney Kept Confidential, T. Thornton, Robert Reback, Heidi Kjar, Thien Nguyen, Larry Pleiss, Patricia Scidmore, Chris Love

Facts: On June 11, 2006, plaintiff Gabriela Martinez, 13, a student, dove into a swimming pool while visiting relatives at a condominium complex. She hit her head on the bottom and lost consciousness.
Though her adult sister-in-law, who was present in the pool area, was supervising her, Gabriela floated unconscious in the pool for two-to-three minutes before her brothers pulled her out and began administering CPR. Her family assumed that she was playing a joke at first, as she was an experienced swimmer, who competed in the Junior Olympics.

Gabriela was immediately taken to a hospital emergency room by paramedics employing full cervical spine precautions. An ER doctor examined her and found that her neck was supple and non-tender. The doctor noted that a patient's neck is criteria for clearing her, despite her confusion. X-rays and CT scans were not requested. It was noted that Gabriela was able to move both arms and both legs. During the neurological examination, the doctor noted that Gabriela was awake and able to answer some questions, though she was obviously confused and disoriented.

Because Gabriela was combative, she was placed in restraints and intubated. A chest X-ray was taken, but no X-rays or CT scans of the head or neck were requested or obtained.

Without a cervical collar, Gabriela was transported to a second hospital by that hospital's transport team.
After she was extubated and X-rays and CT scans were obtained, Gabriela was diagnosed with a cervical fracture at C4-5 with neurological deficits. At the second hospital, she first told a doctor that she had dove into the pool. Gabriela is now a quadriplegic.

Gabriela, by and through her guardian ad litem Arturo Martinez, sued the first hospital, the ER doctor, the ER group, the second hospital and the condominium complex.

The plaintiffs claimed that the pool did not have adequate warning signs concerning diving, adequate depth markers or adequate water levels. They claimed that the signage was insufficient to advise a child, even an experienced swimmer, of the pool's hazards and shallowness, and that the signage was not properly placed. The plaintiffs further claimed that Gabriela was accustomed to diving into pools that were generally a minimum of 11 feet deep.
Plaintiffs' counsel insisted that, when Gabriela arrived at the first hospital, she had full use of her arms and legs, as proven by the need to restrain her due to her combativeness. The lawyers alleged that the ER doctor never asked Gabriela how the accident happened, but rather relied on the paramedics' report, which stated that she was a suspected drowning patient.

The plaintiffs further alleged that, despite being aware that Gabriela was a suspected drowning victim and that diving accidents and trauma result from swimming pool accidents, he failed to apply the nexus criteria to clear a disoriented child's neck, as he never requested any X-rays or CT scans of her head or cervical spine.

The plaintiffs claimed that the doctor's treatment was below the standard of care, as he opened and removed the patient's cervical collar to examine and intubate her, he did not give her any anti-inflammatory medication for her cervical spine. Plus, he reportedly transferred a trauma patient to a non-trauma hospital without a cervical collar.

The plaintiffs claimed that the first hospital was vicariously responsible for the ER doctor's actions. The plaintiffs alleged that the second hospital, which was a non-trauma facility, was negligent in accepting a trauma patient, and that it should have made sure that the first hospital had properly cleared the patient for the transfer. The condominium complex contended that the swimming pool area was clearly marked with adequate warning signs and depth markers. It further claimed that Gabriela was an experienced swimmer and Junior Olympian, and as such, was familiar with the risks of swimming -- and that she assumed those risks.

The condominium complex pointed out that Gabriela was under the care and supervision of an adult. The ER doctor claimed that his actions were not below the standard of care. He alleged that Gabriela's injuries resulted from the dive into shallow water, and not the subsequent ER care. The first hospital claimed that it complied with the standard of care, and that it was not responsible for the actions of the ER doctor or the ER group, as both were independent contractors.
The second hospital contended that it acted within the applicable standard of care in relying on the evaluation of the transferring ER doctor from the first hospital, and that Gabriela's injuries resulted from her dive into the shallow water.

Injury: Gabriela was diagnosed with a cervical fracture at C4-5 with resulting quadriplegia. Before the accident, Gabriela was a competitive swimmer, and had run in the Los Angeles Marathon twice. She now requires assistance with everything, and is unable to swim. Gabriela purported that she is no longer employable, and so was entitled to compensation for what she could have earned prior to the accident. Gabriela sought damages for medical expenses, future lost earning capacity and pain and suffering.

Verdict Information The parties settled for $3,897,000 prior to trial. Of the recovery, the condominium complex will pay $447,000; the ER doctor and ER group will pay $1.9 million; the first hospital will pay $1.5 million; and the second hospital will pay $50,000.

Editor's Comments This report is based on information that was provided by plaintiffs' counsel and defense counsel.