Patrick A. Lanius of Lanius & Associates in El Dorado Hills, California, secured two medical malpractice defense victories recently. In the case of Sander vs. Carolyn Collins, M.D. and Cancer Care Consultants of Northern California, the plaintiffs contended that Carolyn Collins, M.D. breached the standard of care for medical oncologists in her assessment of Mr. Sander on November 29, 2004. Mr. Sander had been diagnosed with recurrent testicular cancer and had commenced chemotherapy treatment on October 18, 2004. He was set to undergo three cycles of chemotherapy involving the administration of VP16, Cisplatin and Bleomycin through a central venous catheter (CVC) previously threaded through his right internal jugular (IJ) and subclavian (SC) veins.
On the morning of November 29, Mr. Sander was seen by Dr. Collins for the customary assessment by a clinician prior to the commencement of each chemotherapy cycle. At that time, the patient reported that he had become nauseous on the antibiotics for suspected sinusitis prescribed over the phone by Dr. Collins the previous Friday and only took three of the tablets, but was improved. He expressed some discomfort and concern about what he felt was some swelling in the right neck or supraclavicular area. Dr. Collins performed a physical examination, observed some puffiness in that area but expressly stated in her note that she doubted this was a deep venous thrombosis (DVT). Nonetheless, she ordered a Doppler ultrasound of the upper extremity venous system to determine whether or not there was any DVT. The preliminary report of the technician, as well as the final report of the radiologist, stated there was no thrombus in any of the veins examined.
On the afternoon of November 29 after the ultrasound study, Mr. Sander commenced his third five-day chemotherapy cycle. He had the preliminary assessment and had his dual lumen port accessed by a different nurse for the next five days. Chemotherapy infusion times took between 4 hours and 40 minutes and five hours and 35 minutes on each of the days. The five nurses who conducted the preliminary assessment and accessed the port those five days had combined experience as chemotherapy infusion nurses of approximately 64 years. No problems were charted.
The patient went fishing on Lake Shasta on December 5, 2004 in the early morning hours. After approximately four to five hours of fishing on the lake with occasional naps, he collapsed on the boat. He was rushed ashore and transported to Mercy Medical Center (MMC) where initial evaluation suggested he had suffered a pulmonary embolism. He was admitted to the ICU. Subsequent evaluations and studies revealed he had also suffered a severe stroke in the distribution of the right middle cerebral artery.
The plaintiffs contended that Dr. Collins breached the standard of care by not specifically instructing the chemotherapy infusion nurses to watch the area of the right neck where she had observed “some puffiness” and to report any changes to her and/or in failing to schedule a follow up office visit in the next two days. The plaintiffs also contended that the chemotherapy infusion nurses breached the standard of care by failing to perform physical assessments of the patient, including observing the area of the right supraclavicular neck area and asking the patient whether he was having any problems with pain in the area.
The jury deliberated an hour and forty minutes before returning with a unanimous defense verdict.
In the second lawsuit, a wrongful death/medical malpractice action, Sierra vs. Sutter Roseville Medical Center, the plaintiffs contended that Helmuth T. Billy, M.D. was negligent in allowing the discharge of Judith Sierra two days following bariatric surgery. The plaintiffs alleged that the nursing personnel at SRMC, represented by Mr. Lanius, were negligent in permitting the discharge of the patient in accordance with Dr. Billy’s discharge orders. Furthermore, the plaintiffs contended that the patient was suffering from a tear at her esophageal/jejunal anastomosis. The defendants contended there was no overt or objective evidence of peritonitis, sepsis or any other complication at the time of the discharge.
Plaintiffs’ counsel argued for $300,000.00 in general damages and approximately $20,000.00 in special damages for funeral, burial and memorial expenses.
After one and a half hours of deliberations, the jury rendered a unanimous decision for defendant Sutter Roseville Medical Center and a 9-3 decision in favor of defendant Helmuth T. Billy, M.D.
