Case details
Patient ignored recommended treatment options, docs alleged
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
brain, brain injury, communicative, damage, diabetes mellitus, hyperlipidemia, hypertension, prostate cancer, sensory, speech, stroke, transient ischemic attack
FACTS
On July 9, 2009, plaintiff James Bennison, 76, saw his primary care physician, Dr. Alba Moore. Bennison had a history of prostate cancer, hypertension, hyperlipidemia and diabetes mellitus, which he treated with medication that included daily aspirin and a statin. On this date, Bennison brought with him a report on various screening tests he had obtained on his own, which included a screening test of the carotid arteries and which was positive for plaque in the left carotid artery. On Aug. 4, 2009, Moore referred Bennison to Dr. Romel Velastegui, a vascular surgeon, for carotid and renal artery ultrasounds. After completion of the ultrasounds, Velastegui diagnosed Bennison with left renal artery stenosis and bilateral carotid artery stenosis. On March 16, 2009, Bennison returned to Velastegui for a follow-up visit. A little over a year later, on April 10, 2010, Bennison suffered a stroke that left him severely hemiplegic. Bennison sued Moore and Velastegui. Bennison alleged that the defendants failed to timely diagnose and treat his condition, resulting in the stroke, and that their failures constituted medical malpractice. Late into the case, Bennison brought additional claims against the hospital where he was treated for the stroke, Sutter Roseville Medical Facility; the treating cardiovascular surgeon at Sutter Roseville, Dr. Larry Cardoza; and the treating neurologist at Sutter Roseville, Dr. James Stoody. However, Cardoza, Stoody and the medical center were ultimately dismissed shortly thereafter. Thus, the matter proceeded to trial against Moore and Velastegui only. Plaintiff’s counsel contended that Moore and Velastegui failed to properly diagnose and treat Bennison’s medical conditions prior to his stroke. Counsel argued that if proper medical treatment and evaluation had been provided, Bennison’s stroke could have been prevented or averted. Plaintiff’s counsel also argued that Velastegui should have strongly recommended immediate carotid endarterectomy or prompted further definitive imaging when the ultrasound showed greater than 70 percent narrowing of the carotid artery in March 2010, but that Velastegui did neither. Moore claimed she discussed the risk of a stroke, and the importance of daily aspirin and a statin with Bennison. She also claimed that they discussed the symptoms of a transient ischemic attack and that they discussed possible treatment options if the left carotid artery stenosis worsened. Moore further claimed that she continued to follow up with Bennison and that she saw him on Nov. 6, 2009, and Feb. 8, 2010. In addition, she claimed that she continued to manage Bennison’s medical problems and that she confirmed Bennison was continuing to take his daily aspirin and a statin. Velastegui claimed that on March 16, 2010, after Bennison had undergone another ultrasound study, he advised Bennison that there were indications that a renal angiogram should be performed, with possible angioplasty and stenting, but that Bennison elected to have repeat ultrasounds in six months. In response, Bennison denied he had any symptoms of a transient ischemic attack and denied that Velastegui made any such recommendation for a renal angiogram., Bennison had a transient ischemic attack and then a stroke on April 4, 2010. He was admitted to Sutter Roseville Medical Center, where other physicians treated him. Bennison claimed the stroke caused aphasia and hemiparesis on his right side. Bennison, now an 80-year-old hemiplegic, continues to live at home with Elizabeth Bennison, his wife of more than 50 years, but he now requires an attendant. Mr. Bennison claimed that as a result, his wife is now essentially a full-time caretaker. Thus, Mrs. Bennison, sought recovery of damages for her loss of consortium, while Mr. Bennison sought recovery for his past and future medical expenses, as well as recovery of damages for his past and future pain and suffering. In total, the Bennisons sought $2.5 million in damages, and plaintiffs’ counsel contended that the Bennisons would have each likely been awarded the $250,000 cap for general damages.
COURT
Superior Court of Placer County, Placer, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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