Case details

Defense argued no medication could treat decedent’s condition

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, organ failure
FACTS
On Feb. 25, 2009, plaintiffs’ decedent Sergei Aftandelian, 36, a private school principal, presented to the emergency room at Verdugo Hills Hospital with complaints of nausea, vomiting, dehydration and inability to urinate. A spinal tap was performed and found to be negative and a complete blood count showed that the white blood cell count was elevated with bandemia, or an excess of immature white blood cells that was released into the blood stream from the bone marrow. As a result, the E.R. physician started Aftandelian on intravenous hydration and antibiotics, with the impression that the dehydration was likely due to an infectious or septic process. At approximately 7 p.m. on Feb. 25, 2009, Aftandelian was transferred to the intensive care unit under the care of Dr. Luciano Gomez, who was the hospitalist on call that evening. Gomez saw the patient at about 9 p.m., and was of the impression that there was septicemia with no clear source, hypovolemia and septic shock. The physician claimed his plan was to continue aggressive fluid challenge to stabilize the blood pressure, and continue the broad spectrum antibiotics. He then left Verdugo Hills that evening to return to his home base at nearby Huntington Memorial Hospital. At roughly midnight, Aftandelian began complaining of chest pain and anxiety. Gomez was contacted by the ICU nurse, and he ordered a STAT troponin test and an EKG. When the results were available at about 1:20 a.m., the nurse tried to page Gomez, but the doctor was not available to return the pages until 2:45 a.m., at which time Gomez was told the troponin was elevated but the EKG was normal. Gomez then ordered Ativan for anxiety, morphine for pain, and nitropaste if there was no improvement. At 3:20 a.m., the nurse called the physician to report that Aftandelian was sleeping. By 5 a.m., Aftandelian’s chest pain returned, and Gomez was contacted for more medication orders. At 6:40 a.m., the physician returned to Verdugo Hills and examined the patient, whereupon he ordered a cardiology consult. Gomez then went off shift at 7:30 a.m., and by this time a cardiologist had ordered and performed an echocardiogram. The cardiologist’s impressions were acute coronary syndrome versus myocarditis, pericardial effusion, and shock probable sepsis versus viral infection. The cardiologist ultimately performed a pericardiocentesis on the patient and removed 120 cc of serous fluid. The cardiologist claimed he wanted to transfer Aftandelian to Huntington Memorial for possible cardiac catheterization, but before the transfer, the patient went into code blue at 9:06 a.m., and was pronounced dead at 9:46 a.m. The cause of death was multiple organ failure, according to the Los Angeles County coroner’s autopsy. The decedent’s wife, Edna Aftandelian, and the decedent’s minor children, and Sophia, Leo, and Anthony Aftandelian, sued Gomez and Verdugo Hills Hospital. They alleged that Gomez failed to diagnose the decedent’s condition, resulting in his wrongful death, and that this failure constituted medical malpractice. They also alleged that the hospital was vicariously liable for Gomez’s actions, as well as was liable for actions separate and apart from those of Gomez. Counsel for Verdugo Hills Hospital moved for summary judgment, and it was granted after the court ruled that there was no triable issue of fact regarding the allegations of negligence against the hospital. Thus, the matter continued against Gomez only. Plaintiffs’ counsel contended that Gomez failed to recognize and treat the decedent’s cardiogenic shock with vasopressors. Counsel also argued that there was no viral infection, because no culture grew out of a virus, and therefore the cardiogenic shock was not caused by a viral infection, which the defense claimed was the untreatable cause. Defense counsel contended that the decedent had a viral infection that fulminated into a septic process and systematic inflammatory response syndrome, which caused multiple organ failure, including the kidneys, liver and heart, which showed eosinophilic myocarditis. Counsel further argued that there was no medication to treat the viral process, other than supportive care with intravenous fluid hydration, and that Gomez acted within the standard of care in treating the patient., Sergei Aftandelian suffered multiple organ failure and died on the morning of Feb. 26, 2009. He was 36. Aftandelian left behind a widow and three minor children, including a daughter and two sons. Aftandelian’s family asked the jury to award $183,148 in damages for their past loss of earnings, $3,870,462 in damages for their future loss of earnings, and $596,665 in damages for their loss of retirement benefits as a result of the decedent’s death. They further sought recovery of $296,274 in damages for their loss of household services and at least $250,000 in general damages. Defense counsel claimed that Gomez’s treatment was not a substantial factor in causing Aftandelian’s death and that as such, the decedent’s family was owed zero damages for Aftandelian’s wrongful death.
COURT
Superior Court of Los Angeles County, Burbank, CA

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