Case details

Physician’s assistant properly prescribed antibiotic: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
rash on body, rash on face, wrongful death
FACTS
On Aug. 11, 2014, plaintiffs’ decedent Ricky Lo, 19, a Hmong male, presented to North Marks Clinic, a health clinic, with a rash on his face and body. He was seen and treated by Physician’s Assistant Vang Moua. As Lo developed the rash after he went camping, Moua suspected cellulitis and dermatitis due to possible contact with poison oak and treated Lo with Cephalexin, an antibiotic for bacterial infections. Lo presented a second time on Sept. 8, 2014, and again on Sept. 15, 2014, each time with the same complaints. However, during the third visit, on Sept. 15, 2014, Lo presented with a severe, full-body rash. He was subsequently sent to Community Regional Medical Center, in Fresno, that day and remained hospitalized until his death on Oct. 1, 2014. It was determined that Lo died from hemophagocytic lymphohistiocytosis (HLH), a rare, potentially fatal immunodeficiency condition in which the body makes too many activated immune cells (macrophages and lymphocytes). The decedent’s parents, Bobby Lo and Nancy Lo, sued Moua and the operator of North Marks Clinic, Greater Fresno Health Organization Inc. The parents alleged that Moua negligently treated their son’s condition, resulting in his wrongful death, and that Moua’s negligence constituted medical malpractice. Plaintiff’s counsel contended that Lo’s HLH was due to a reaction to the Cephalexin that Moua prescribed. The plaintiffs’ family medicine expert opined that the antibiotic should not have been prescribed and that the antibiotic is what triggered the HLH. Defense counsel contended that as the Lo family was Hmong, the Los, mainly the decedent’s father, had issues with medical testing and that as a result, certain tests could not be performed, such as a bone marrow biopsy. Counsel argued that since certain tests could not be performed, the diagnosis of HLH was delayed and that when the biopsy that determined the HLH was performed, shortly before the decedent’s death, it was too late for any corrective treatment. Defense counsel argued that the decedent’s HLH was not related to the antibiotic administration by Moua and that it was appropriate of Moua to prescribe the antibiotic regardless, as the decedent presented with a rash after going camping. Counsel also contended that the decedent always had HLH and that the HLH appeared as the rash when it was triggered by some contact the decedent had while camping. The defense’s hematology expert opined that the decedent’s HLH had nothing to do with the prescribed antibiotic. In addition, the defense’s family medicine expert opined that Moua’s care was appropriate., Ricky Lo’s diagnosis of HLH was confirmed during an autopsy. He passed away at Community Regional Medical Center on Oct. 1, 2014. He was 19 years old. The decedent’s father, Bobby Lo, and mother, Vicky Lo, sought recovery of wrongful death damages for the loss of their son. However, Bobby Lo passed away during the case.
COURT
Superior Court of Fresno County, Fresno, CA

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