Case details

Diagnosis concealed prior to transfer: decedent’s family

SUMMARY

$2200000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death of the body's soft tissue, emotional distress, flesh-eating disease
FACTS
On Aug. 10, 2004, plaintiffs’ decedent, Cosme Camargo Jr., 45, presented to his community hospital, Palo Verde Hospital, in Blythe, allegedly for treatment of necrotizing fasciitis, commonly known as the flesh-eating disease, an infection that results in the death of the body’s soft tissue. A surgeon at Palo Verde Hospital, Dr. Anjani Thakur, performed an initial surgery. The next day, approximately 30 hours after being admitted, Camargo was transferred to another hospital, John F. Kennedy Memorial Hospital, in Indio. However, JFK Memorial Hospital was allegedly not expecting a patient with necrotizing fasciitis. As a result, once the hospital discovered the disease on Aug. 12, 2014, it transferred Camargo to Scripps Mercy Hospital, in San Diego. Camargo ultimately died a day later, on Aug. 13, 2004. The decedent’s parents, girlfriend, sister, and 11 children sued the operators of Palo Verde Hospital, Brim Hospitals Inc. and Province Healthcare Co. Inc.; Brim Healthcare Inc.; Dr. Anjani Thakur; the operator of both JFK Memorial Hospital and Scripps Mercy Hospital, Tenet Healthcare Corp.; the treating internal medicine physician at JFK Memorial Hospital, Dr. Quy Vinh; and a medical transportation company, American Medical Response Inc. The decedent’s family alleged that the defendants failed to timely treat his condition, resulting in the decedent’s wrongful death. The matter proceeded to trial, which resulted in a verdict against the operators of Palo Verde Hospital and JFK Memorial Hospital, and against the decedent’s treating doctors. However, the defendants appealed the verdict. After the appeal, Brim Healthcare, Thakur, Tenet Healthcare, Vinh, and American Medical Response agreed to settle. Thus, the matter proceeded to a re-trial against only the operators of Palo Verde Hospital, Brim Hospitals Inc. and Province Healthcare Co. Inc. The subject trial was limited to a single narrow issue, intentional concealment by Palo Verde Hospital, with Thakur having been deemed the hospital’s agent by the Court of Appeal. During the re-trial, plaintiffs’ counsel argued that Thakur knew the diagnosis of necrotizing fasciitis early on, but concealed that diagnosis from the family and Vinh. Counsel contended that Thakur was not successful in getting a transfer for the decedent when the necrotizing fasciitis diagnosis was given to the potential receiving hospital, so Thakur began concealing it in an effort to transfer the patient. Thus, plaintiffs’ counsel argued that Thakur intentionally misdiagnosing the decedent in order to conceal the necrotizing fasciitis diagnosis from the doctor who agreed to take Camargo at JFK Memorial Hospital, Vinh, causing that hospital to be unprepared for a patient with that disease. In addition, Vinh testified that he was not told the correct diagnosis and that had he known, he would not have taken the decedent. Defense counsel for Brim Hospitals and Province Healthcare contended that the decedent had necrotizing angiitis, not necrotizing fasciitis, and that the condition is an inflammatory reaction of blood vessels resulting in fibrinoid necrosis of tissue, especially of the blood vessel wall, and is associated with drug use. Counsel also contended that there was evidence of “boils” on the decedent’s arms, that a blood test was positive for methamphetamines, and that the decedent admitted to using drugs to the doctor. Thus, defense counsel argued that the decedent’s meth use was the cause of his death, not necrotizing fasciitis, as the decedent’s necrotizing angiitis was entirely due to his illicit, intravenous drug use and skin popping. In addition, defense counsel argued that Thakur did the best he could and that there was no intentional misconduct, whatsoever, as Thakur’s conduct was simply practicing good medicine., Cosme Camargo Jr. died on Aug. 13, 2004. He was 45 years old. He was survived by his parents, Esther and Cosme Camargo Sr.; his girlfriend, Elizabeth Webb; and his sister, Stella Camargo Styers. He was also survived by his 12 children, ages 7 months to 20 years old at time of death, including Caesar Camargo, Nigel Camargo, Kasie Camargo, Michael Ragan, Brittany Camargo, Joseph Camargo, Christian Camargo McDaniel, Daniel Camargo, Bianca Camargo, Mariah Camargo, Anthony Camargo, and Amber Camargo (who was not a party in the action). Plaintiffs’ counsel contended that the decedent died from complications related to necrotizing fasciitis. The decedent’s family claimed that the decedent lived with six of his children and was an active, involved parent to all of his children. Thus, they sought recovery of wrongful death damages. In addition, the decedent’s parents, girlfriend, and sister sought recovery of damages for their emotional distress as a result of the alleged concealment. (Plaintiffs’ counsel was unable to introduce any evidence of economic loss.) Defense counsel disputed the decedent’s cause of death, arguing that the decedent died from necrotizing angiitis, not necrotizing fasciitis, which was entirely due to the decedent’s illicit, intravenous drug use and skin popping. Defense counsel also emphasized that the decedent was a meth addict, with meth in his system when he died, whose life was essentially unworthy of respect and that, ultimately, the decedent’s meth use was the cause of his death.
COURT
Superior Court of Riverside County, Riverside, CA

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