Case details

Premature discharge resulted in death of wife and child: suit

SUMMARY

$3062803

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain damage
FACTS
On Sept. 12, 2006, Barbara Carlin-Day, 23 years old and 34 weeks pregnant, presented to Arrowhead Regional Medical Center in San Bernardino with flare-ups in her blood pressure. Carlin-Day’s pregnancy was considered high-risk due to her severe high blood pressure. She was subsequently admitted to the hospital and then discharged three days later. On Sept. 20, 2006, Carlin-Day returned to Arrowhead Regional Medical Center to be checked out by a physician’s assistant, and again by a physician on Sept. 27. The following day, on Sept. 28, 2006, Carlin-Day suffered a massive crash (seizure) and was taken to Loma Linda University Medical Center in Loma Linda, where she had an emergency caesarean section performed. However, Carlin-Day died during labor from an aortic rupture and gave birth to a son, Jacob Day, who was born with brain damage. Jacob ultimately died at the age of 4 due to complications from his brain damage. Carlin-Day’s widowed husband, Christopher Day, acting individually and on behalf of the estates of both Carlin-Day and Jacob, sued the Arrowhead Regional Medical Center; its operator, the county of San Bernardino; Dr. Moses Christian; and several physicians, physicians’ assistants, nurses and other county-employed medical professionals. Christopher Day alleged that the defendants negligently treated his wife, resulting in the wrongful death of both his wife and son, and that the defendants’ negligence constituted medical malpractice. It was ultimately determined that Dr. Christian was not employed by the county, so he was dismissed from the case on a motion for summary judgment. The remaining individual defendants were all indemnified by the county and subsequently dismissed from the case prior to trial. Thus, the matter proceeded against the county only. Plaintiffs’ counsel contended that Carlin-Day should not have been discharged from Arrowhead Regional Medical Center on Sept. 15, 2006, as she was a very high risk pregnancy and subject to a variety of different life-threatening problems. Counsel argued that, instead, Carlin-Day should have remained in the hospital, where she would be monitored and birthed early. Plaintiffs’ counsel further contended that had Carlin-Day been birthed earlier, she wouldn’t have suffered an aortic rupture, Jacob wouldn’t have suffered brain damage, and both lives would have been saved. Counsel for San Bernardino County argued that Carlin-Day’s treatment when she presented to Arrowhead Regional Medical Center on Sept. 12, 2006, was within the standard of care and that she was in stable enough condition to be discharged three days later, on Sept. 15, 2006. Counsel further argued that Carlin-Day’s aortic rupture was unpredictable and unpreventable, and would have occurred regardless. In addition, the county’s medical experts testified that a woman of Carlin-Day’s age suffering from an aortic rupture/tear during pregnancy was unparalleled., Carlin-Day suffered a massive seizure and was taken to Loma Linda University Medical Center in Loma Linda, where she had an emergency caesarean section. However, Carlin-Day died during labor from an aortic rupture. She was 23. Jacob Day was born despite Carlin-Day’s death, but he had suffered brain damage during delivery and ultimately died at the age of 4 due to complications from his injury. Thus, Christopher Day sought recovery of $1,141,731 in economic damages for the loss of his wife, Carlin-Day. He also sought recovery of non-economic damages for the wrongful death of both his wife and son.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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