Case details

Hospital claimed son delayed patient’s treatment

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arterial, cardiac, endocarditis, infection, osteomyelitis, phlebitis, staph infection, urinary tract, urological, vascular
FACTS
On Jan. 8, 2009, plaintiff Ida Waksberg, 89, a retiree, presented to St. John’s Health Center in Santa Monica with complaints of chest pain. Waksberg had previously been admitted to the hospital from Dec. 30, 2008, through Jan. 2, 2009, and was diagnosed with a minor myocardial infarction before being discharged. Upon her second arrival, the hospital staff ruled out a cardiac event and determined that Waksberg symptoms were gastroenterology-related. Waksberg was kept overnight for observation and was to be discharged the following day, on Jan. 9, 2009. Before she could be discharged, Waksberg suffered a fall at the hospital and sustained head trauma. She was kept at the hospital and developed a urinary tract infection, which was diagnosed on Jan. 11, 2009. Three days later, at approximately 12:30 a.m., Waksberg’s IV was removed and changed to another site. However, later, at 8 a.m., she was diagnosed with IV phlebitis. Waksberg then developed a fever, and a blood culture was drawn that showed a staph infection. She was ultimately diagnosed with endocarditis, which ultimately spread to her spine and resulted in a diagnosis of osteomyelitis. She was then transferred to Ronald Reagan UCLA Medical Center, in Los Angeles, on Feb. 2, 2009, where she was administered the antibiotic oxacillin. Ida Waksberg, by and through her guardian ad litem, Morry Waksberg M.D., sued St. John’s Health Center, as well as variations of other hospital entities. Ida Waksberg alleged that the defendants failed to properly monitor and treat her and that these failures constituted medical malpractice. The matter ultimately went to trial against the proper defendant, St. Johns Health Center, only. Ida Waksberg claimed that that lack of protective measures taken by St. John’s staff caused her to fall out of bed, which resulted in her prolonged hospitalization. She also claimed if she was discharged as scheduled, on Jan. 9, 2009, it would have prevented the series of complications that followed, which resulted in her infections and permanent sequela. Plaintiff’s counsel contended that the IV removal at approximately 12:30 a.m. on Jan. 14, 2009, was done 131.5 hours after the last placement, when it should have been performed within 72 and 96 hours, as per medical standards. Counsel contended that this delay resulted in IV line sepsis, which resulted in the subsequent developments of endocarditis and osteomyelitis. Defense counsel contended that Waksberg fell while sitting in her chair and attempting to rise with a walker, possibly tripping over her catheter line. Counsel conceded that Waksberg’s IV was changed at 131.5 hours on Jan. 14, 2009. However, defense counsel argued that, based upon documentation in her medical chart, Waksberg was agitated, fearful, angry and uncooperative, as she had a pre-existing history of bipolar disorder, dementia and post-traumatic stress disorder. Counsel also argued that as there was no redness or swelling at the IV site, it was well within the standard of care to wait until Waksberg was in a sedated state to remove and replace the IV. Defense counsel further contended that there was no sign of infection or abnormality at the IV site until later in the morning, at 8 a.m., when Waksberg was diagnosed with phlebitis. Thus, counsel argued that Waksberg’s endocarditis pre-existed the subject IV removal, as thickening of the heart valves made Waksberg prone to the staph in her bloodstream attacking her heart. Counsel further contended that, based on Waksberg’s change in mental status and two episodes of hypothermia, Waksberg had a pre-existing staph infection and endocarditis that existed before she developed IV phlebitis. Defense counsel agreed that had Waksberg been administered oxacillin earlier, the heart infection (endocarditis) would not have spread to her spine (osteomyelitis). However, counsel argued that the delay was due to Waksberg’s son initially refusing the administration of the drug due to his presumption that his mother was allergic to the medication. In addition, defense counsel argued that Waksberg’s son refused to allow a transesophageal echocardiogram be performed on his mother and that the infection could have been treated properly, preventing its spreading to the spine, had the proper testing and treatment been administered in a more timely fashion., Waksberg was diagnosed with endocarditis, which spread to her spine and ultimately resulted in a diagnosis of osteomyelitis. She was transferred to Ronald Reagan UCLA Medical Center on Feb. 2, 2009, where she was administered the antibiotic oxacillin. Waksberg was then transferred to the psychiatric unit and remained on a PICC line through April 17, 2009. Waksberg claimed permanent sequela, which caused multiple complications and hospitalizations since her initial infection. She claimed that as a result, she now requires full-time attendant care. Thus, Waksberg sought recovery of $1.5 million in total damages, which include her past medical costs, future medical/life care costs, and damages for her past and future pain and suffering. Defense counsel disputed Waksberg’s damages claim, arguing that Waksberg’s subsequent hospitalizations and need for full-time attendant care were unrelated to any heart or spinal infections. Counsel argued that, instead, Waksberg’s subsequent hospitalizations and need for attendant care were due to a bevy of pre-existing conditions, including chronic abdominal issues and psychiatric maladies, as well as subsequent falling incidents.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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