Case details

Defense: High temperature not sign or symptom of embolism

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arterial, death, embolism, pulmonary, respiratory, vascular
FACTS
On July 22, 2016, plaintiffs’ decedent Melanie Valderrama, 40, a schoolteacher, underwent an abdominoplasty (tummy tuck) and a breast augmentation with lift at the Beautologie Surgery Center, in Bakersfield. The procedures were performed by Dr. Zach Barnes, a specialist in plastic and reconstructive surgery. Valderrama previously underwent weight loss surgery in 2011. She also previously underwent successful gallbladder surgery, Caesarean delivery of a child, tubal ligation and bariatric surgery without complications of any kind. Prior to the 2016 abdominoplasty, Valderrama’s primary care provider and a cardiologist had given her medical clearance. The abdominoplasty was uneventful, and Valderrama did well until four days later, on July 26, 2016, when her husband called Barnes stating that his wife had developed a temperature of 100 degrees and a severe cough that had started on July 22, 2016, after Valderrama was discharged from the surgery center. Barnes inquired into her activity, and understood that Valderrama had not been very active since she had gone home. Barnes advised Valderrama’s husband that cough drops, rather than cough syrup, would be better for her cough, and that a 100-degree temperature was nothing to be concerned about. He also advised the husband to encourage Valderrama to be as active as possible, as inactivity is unsafe behavior. Approximately 12 hours after Valderrama’s husband talked with Barnes, Valderrama got up to use the bathroom and collapsed. A 9-1-1 call was immediately made, but when paramedics arrived, Valderrama was in asystole, which is the most serious form of cardiac arrest and is usually irreversible. CPR efforts were unsuccessful, and Valderrama was pronounced dead one hour later, at 5:28 a.m. on July 27, 2016, in the emergency room of Mercy Hospital Southwest, in Bakersfield. An autopsy disclosed pulmonary emboli in both pulmonary arteries with two to three large emboli in each artery measuring up to 1 centimeter in diameter. The cause of death was listed as a pulmonary embolism. The decedent’s husband, Henry Valderrama II, acting individually, as the decedent’s successor in interest and as the guardian ad litem to the couple’s three minor children, Landon Valderrama, Parker Valderrama and Kate Valderrama, sued Barnes and Barnes’ medical groups, Beautologie Management Group Inc., Beautologie Cosmetic Surgery Inc., Beautologie Medical Aesthetics Inc. and Beautologie Medical Group Inc. Mr. Valderrama alleged that Barnes failed to appropriately monitor his wife’s condition, failed to diagnose and treat her postsurgical condition, and failed to refer her to a hospital, causing the decedent’s wrongful death. Mr. Valderrama also alleged that Barnes’ failures constituted medical malpractice and that Barnes’ medical groups were liable for Barnes’ actions. Plaintiffs’ counsel contended that the standard of care required Barnes to see Ms. Valderrama at the office in the late afternoon of July 26, 2016, and that, had he done so, Barnes would have sent the patient to an emergency room, where a heparin bolus and drip would have been started. Alternatively, counsel contended that based on the symptoms of a cough and an elevated temperature, Barnes should have directed Mr. Valderrama to take the patient to the emergency room. Plaintiffs’ counsel also contended that the standard of care required Barnes to talk with the patient on the telephone, as opposed to the patient’s husband. In addition, Mr. Valderrama alleged that Barnes was distracted during the course of the telephone call and did not react appropriately to the alleged change in Ms. Valderrama’s postoperative condition. Defense counsel contended that, prior to any surgery, Beautologie patients were all furnished with a surgical pamphlet titled “Preparing and Caring for Surgery” and a DVD, both of which discussed the preoperative, operative and postoperative circumstances to be expected, as well as the risks and benefits of elective surgery. Counsel also contended that Ms. Valderrama documented that she understood the risk of deep vein thrombosis and/or a pulmonary embolism. Barnes maintained that the tone of the telephone conversation was straightforward, and was not frantic or urgent at all, with Mr. Valderrama being principally interested in knowing whether or not cough syrup would be acceptable versus cough drops. Defense counsel argued that the standard of care was met because a cough and an elevation in temperature are not considered signs or symptoms of a pulmonary embolism. Counsel also noted that Mr. Valderrama testified that his wife never complained of any of the symptoms, such as shortness of breath, chest pain, lower extremity pain, coughing up blood or rapid breathing., Ms. Valderrama developed a 100-degree temperature and a severe cough before collapsing in her bathroom. Paramedics arrived, performed CPR and rushed her to the emergency room of Mercy Hospital Southwest. However, Valderrama was already in asystole by the time paramedics arrived at her home, so CPR efforts were unsuccessful and she was pronounced dead one hour later, at 5:28 a.m. on July 27, 2016. She was determined to have died from a pulmonary embolism after an autopsy revealed multiple pulmonary emboli in both pulmonary arteries with two to three large emboli in each artery measuring up to 1 centimeter in diameter. Valderrama was 40 years old. She was survived by her husband, her two minor sons and her minor daughter. The decedent was employed as a schoolteacher, earning $70,000 a year at the time of her death. Plaintiffs’ counsel asked the jury to award the decedent’s family $2.35 million for funeral expenses and the past and future loss of the decedent’s earnings. The family also sought recovery of an unspecified amount of damages for the loss of care, comfort and society, and loss of household services.
COURT
Superior Court of Kern County, Bakersfield, CA

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