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MSJ - Separate Statement of Undisputed Material Facts _00275651_

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MSJ - Separate Statement of Undisputed Material Facts _00275651_ Powered By Docstoc
					 1   Robert C. Reback, Esq. (58092)
     Thien T. Nguyen, Esq., (247582)
 2   REBACK, MCANDREWS, KJAR,
     WARFORD & STOCKALPER, LLP
 3   1230 Rosecrans Avenue, Suite 450
     Manhattan Beach, California 90266
 4   Telephone (310) 297-9900
     Facsimile (310) 297-9800
 5
     Attorneys for Defendant,
 6   VUY LI, M.D.
 7
 8
                            SUPERIOR COURT OF THE STATE OF CALIFORNIA
 9
                         FOR THE COUNTY OF LOS ANGELES, SOUTH DISTRICT
10
11
     GERVACIO JOSE BRONDIAL,                   )             Case No.: NC051510
12                                             )             Complaint filed: 6-25-08
                    Plaintiff,                 )             Assigned to Dept. “B”
13
                                               )             (Long Beach)
14                  v.                         )             Honorable Patrick T. Madden
                                               )
15   LONG BEACH MEMORIAL HOSPITAL, SEN )
     BIN LAI, M.D. AND VUY LI, M.D. and DOES 1 )             DEFENDANT, VUY LI, M.D.’S SEPARATE
16
     through 50, Inclusive,                    )             STATEMENT OF UNDISPUTED
17                                             )             MATERIAL FACTS
                    Defendants.                )
18   ________________________________________ )              [Filed concurrently with Motion for Summary
     _                                                       Judgment]
19
20                                                          FSC Date: March 19, 2010
                                                            Trial Date: March 22, 2010
21
                                                            Date: February 18, 2010
22                                                          Time: 8:30 a.m.
23                                                          Dept.: “B”

24
            TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
25
26          COMES NOW, Defendant VUY LI, M.D. hereby submits the following separate statement of

27   undisputed material facts and references to supporting evidence pursuant to California Code of Civil

28


                                                     1
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   Procedure section 437c, subdivision (b), in support of their Motion for Summary Judgment in the above-
 2   captioned matter as follows:
 3
     I.     EVIDENCE COMMON TO STANDARD OF CARE AND CAUSATION
 4
     Moving Party’s Undisputed Material Facts and         Opposing Party’s Response and Supporting
 5   Supporting Evidence                                  Evidence
 6
     1. Plaintiff, Gervacio Brondial filed a Complaint
 7
     alleging medical malpractice against Dr. Vuy Li on
 8
 9   June 25, 2008. (See Plaintiffs’ Complaint attached

10   as Exhibit “A” to the Declaration of Thien Nguyen

11   (Nguyen Dec.))
12
     2. In the evening of March 17, 2007 Plaintiff, 48
13
     year-old Gervacio Brondial presented to Long
14
     Beach Memorial Medical Center Emergency Room
15
16   via ambulance with complaints of near syncope.

17   (See Declaration of Meldon Levy, M.D., Page 2,
18   Para. 4; Medical Records of Gervacio Brondial
19
     from Long Beach Memorial Medical Center
20
     attached as Exhibit “B” to the Nguyen Dec.)
21
22   3. Mr. Brondial had a history of hyptertension,

23   diabetes, hypercholesterolemia, aortic valve
24   replacement, and ventricular septal defect repair.
25
     (See Declaration of Meldon Levy, M.D., Page 2,
26
     Para. 4; Medical Records of Gervacio Brondial
27
28   from Long Beach Memorial Medical Center


                                                     2
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   attached as Exhibit “B” to the Nguyen Dec.)
 2   4. On March 18, 2007 at or around 2:00 p.m. Dr.
 3
     Li saw the Plaintiff. (See Declaration of Meldon
 4
     Levy, M.D., Page 2, Para. 5; Medical Records of
 5
 6   Gervacio Brondial from Long Beach Memorial

 7   Medical Center attached as Exhibit “B” to the

 8   Nguyen Dec.)
 9
     5. On physical examination, the patient’s vital
10
     signs, lungs, heart, abdomen, and extremities were
11
     essentially within normal limits. (See Declaration
12
13   of Meldon Levy, M.D., Page 2, Para. 5; Medical

14   Records of Gervacio Brondial from Long Beach
15
     Memorial Medical Center attached as Exhibit “B”
16
     to the Nguyen Dec.)
17
     6. He had a metallic sound as expected from his
18
19   artificial aortic valve, and he had systolic murmur.

20   (See Declaration of Meldon Levy, M.D., Page 2,
21   Para. 5; Medical Records of Gervacio Brondial
22
     from Long Beach Memorial Medical Center
23
     attached as Exhibit “B” to the Nguyen Dec.)
24
25   7. Dr. Li ordered laboratory studies on Plaintiff,

26   which demonstrated no evidence of myocardial

27   infarction. (See Declaration of Meldon Levy, M.D.,
28


                                                     3
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   Page 2, Para. 6; Medical Records of Gervacio
 2   Brondial from Long Beach Memorial Medical
 3
     Center attached as Exhibit “B” to the Nguyen Dec.)
 4
     8. Dr. Li ordered a CT scan of the head in light of
 5
 6   his neurologic complaints, and it was negative.

 7   (See Declaration of Meldon Levy, M.D., Page 2,

 8   Para. 6; Medical Records of Gervacio Brondial
 9
     from Long Beach Memorial Medical Center
10
     attached as Exhibit “B” to the Nguyen Dec.)
11
     9. Dr. Li requested a neurology consultation, and it
12
13   was performed by Dr. Di Julio on March 18, 2007.

14   (See Declaration of Meldon Levy, M.D., Page 2,
15
     Para. 7; Medical Records of Gervacio Brondial
16
     from Long Beach Memorial Medical Center
17
     attached as Exhibit “B” to the Nguyen Dec.)
18
19   10. Dr. Di Julio noted that the patient did not

20   complain of dizziness in the emergency department,
21   but rather only at home prior to his admission. (See
22
     Declaration of Meldon Levy, M.D., Page 2, Para. 7;
23
     Medical Records of Gervacio Brondial from Long
24
25   Beach Memorial Medical Center attached as

26   Exhibit “B” to the Nguyen Dec.)

27   11. Dr. Di Julio’s impression was the patient had
28


                                                     4
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   probable right acute middle cerebral artery
 2   infarction. (See Declaration of Meldon Levy, M.D.,
 3
     Page 2, Para. 7; Medical Records of Gervacio
 4
     Brondial from Long Beach Memorial Medical
 5
 6   Center attached as Exhibit “B” to the Nguyen Dec.)

 7   12. He recommended that Plaintiff have an MRI,

 8   carotid ultrasound, echocardiogram, and thyroid
 9
     panel. (See Declaration of Meldon Levy, M.D.,
10
     Page 2, Para. 7; Medical Records of Gervacio
11
     Brondial from Long Beach Memorial Medical
12
13   Center attached as Exhibit “B” to the Nguyen Dec.)

14   13. On March 19, 2007, Dr. Li interpreted a
15
     transthoracic echocardiogram. (See Declaration of
16
     Meldon Levy, M.D., Page 3, Para. 8; Medical
17
     Records of Gervacio Brondial from Long Beach
18
19   Memorial Medical Center attached as Exhibit “B”

20   to the Nguyen Dec.)
21   14. It revealed normal function of the left ventricle,
22
     moderate mitral regurgitation, mild to moderate
23
     tricuspid regurgitation, the presence of a normally
24
25   functioning mechanical aortic valve, and mild aortic

26   regurgitation. (See Declaration of Meldon Levy,

27   M.D., Page 3, Para. 8; Medical Records of
28


                                                     5
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   Gervacio Brondial from Long Beach Memorial
 2   Medical Center attached as Exhibit “B” to the
 3
     Nguyen Dec.)
 4
     15. It was also noted that Plaintiff had a mildly
 5
 6   dilated aortic root. (See Declaration of Meldon

 7   Levy, M.D., Page 3, Para. 8; Medical Records of

 8   Gervacio Brondial from Long Beach Memorial
 9
     Medical Center attached as Exhibit “B” to the
10
     Nguyen Dec.)
11
     16. Plaintiff’s blood culture on March 19, 2007
12
13   came back positive for gram-negative bacilli, and

14   the patient was placed on antibiotics. (See
15
     Declaration of Meldon Levy, M.D., Page 3, Para. 9;
16
     Medical Records of Gervacio Brondial from Long
17
     Beach Memorial Medical Center attached as
18
19   Exhibit “B” to the Nguyen Dec.)

20   17. Dr. Li requested consultation by an infectious
21   disease specialist, and it was performed by Dr. Reza
22
     Iqbal. (See Declaration of Meldon Levy, M.D.,
23
     Page 3, Para. 9; Medical Records of Gervacio
24
25   Brondial from Long Beach Memorial Medical

26   Center attached as Exhibit “B” to the Nguyen Dec.)

27   18. Ultimately, the blood culture grew out
28


                                                     6
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   Achromobacter, which Dr. Iqbal recommended be
 2   treated with the antibiotic Zosyn. (See Declaration
 3
     of Meldon Levy, M.D., Page 3, Para. 9; Medical
 4
     Records of Gervacio Brondial from Long Beach
 5
 6   Memorial Medical Center attached as Exhibit “B”

 7   to the Nguyen Dec.)

 8   19. On March 20, 2007, Dr. Li performed and
 9
     interpreted a transesophageal echocardiogram,
10
     which was done to better see the aortic valve. (See
11
     Declaration of Meldon Levy, M.D., Page 3, Para.
12
13   10; Medical Records of Gervacio Brondial from

14   Long Beach Memorial Medical Center attached as
15
     Exhibit “B” to the Nguyen Dec.)
16
     20. The study findings included the presence of a
17
     normal left ventricular system, moderate mitral
18
19   regurgitation, minimal color flow through the

20   intraventricular septum, mechanical aortic valve,
21   and no evidence of vegetation. (See Declaration of
22
     Meldon Levy, M.D., Page 3, Para. 10; Medical
23
     Records of Gervacio Brondial from Long Beach
24
25   Memorial Medical Center attached as Exhibit “B”

26   to the Nguyen Dec.)

27   21. On March 20, 2007 in light of the fact that
28


                                                     7
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   both the transthoracic echocardiogram and the
 2   transesophageal echocardiogram were negative, Dr.
 3
     Li reasonably concluded endocarditis had been
 4
     excluded. (See Declaration of Meldon Levy, M.D.,
 5
 6   Page 3, Para. 11; Medical Records of Gervacio

 7   Brondial from Long Beach Memorial Medical

 8   Center attached as Exhibit “B” to the Nguyen Dec.)
 9
     22. She followed the recommendation of Dr. Iqbal
10
     that the patient receive fourteen days of Zosyn
11
     antibiotics via peripherally inserted central catheter.
12
13   (See Declaration of Meldon Levy, M.D., Page 3,

14   Para. 11; Medical Records of Gervacio Brondial
15
     from Long Beach Memorial Medical Center
16
     attached as Exhibit “B” to the Nguyen Dec.)
17
     23. For junctional rhythm and near-syncope
18
19   symptoms, Dr. Sergio Tobias was called and

20   recommended no intervention at the time. (See
21   Declaration of Meldon Levy, M.D., Page 3, Para.
22
     11; Medical Records of Gervacio Brondial from
23
     Long Beach Memorial Medical Center attached as
24
25   Exhibit “B” to the Nguyen Dec.)

26   24. Plaintiff was discharged on March 23, 2007

27   with that prescription. (See Declaration of Meldon
28


                                                     8
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   Levy, M.D., Page 3, Para. 12; Medical Records of
 2   Gervacio Brondial from Long Beach Memorial
 3
     Medical Center attached as Exhibit “B” to the
 4
     Nguyen Dec.)
 5
 6   25. Dr. Li had no discussions with Plaintiff after

 7   his discharge from Long Beach Memorial Medical

 8   Center. (See Deposition Transcript of Vuy Li,
 9
     M.D. attached as Exhibit “D” to the Nguyen Dec.)
10
     26. On or around May 2, 2007 Plaintiff presented
11
     to the Mayo Clinic. (See Declaration of Meldon
12
13   Levy, M.D., Page 4, Para. 13; Medical Records of

14   Gervacio Brondial from The Mayo Clinic attached
15
     as Exhibit “C” to the Nguyen Dec.)
16
     27. An echocardiogram showed findings of early
17
     prosthetic valve endocarditis with root abscess, mild
18
19   mitral valve regurgitation, no evidence of

20   intracardiac mass or thrombus, and no pericardial
21   effusion. (See Declaration of Meldon Levy, M.D.,
22
     Page 4, Para. 13; Medical Records of Gervacio
23
     Brondial from The Mayo Clinic attached as Exhibit
24
25   “C” to the Nguyen Dec.)

26   28. Plaintiff underwent valve replacement surgery

27   on May 4, 2007. (See Declaration of Meldon Levy,
28


                                                     9
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   M.D., Page 4, Para. 13; Medical Records of
 2   Gervacio Brondial from The Mayo Clinic attached
 3
     as Exhibit “C” to the Nguyen Dec.)
 4
 5
 6
 7
           II.   STANDARD OF CARE
 8
     29. Based upon Dr. Levy’s review of the
 9
10   aforementioned medical records, along with his

11   education, training, and experience, it is his
12   professional opinion that to a reasonable degree of
13
     medical probability the care and treatment rendered
14
     by Dr. Li was at all times within the applicable
15
16   standard of care in the community. (See

17   Declaration of Meldon Levy, M.D., Page 4, Para.
18   14)
19
     30. Specifically, Dr. Li appropriately performed an
20
     echocardiogram and transesophageal
21
22   echocardiogram to assess the patient’s cardiac

23   condition. (See Declaration of Meldon Levy, M.D.,

24   Page 4, Para. 14)
25
     31. Further, Dr. Li appropriately obtained an
26
     infectious disease consult and prescribed antibiotics
27
     based upon the consults recommendations. (See
28


                                                    10
     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
 1   Declaration of Meldon Levy, M.D., Page 4, Para.
 2   14)
 3
 4
 5
 6
           III.   CAUSATION
 7
 8   32. Because Dr. Li was appropriate in her care and

 9   treatment of Mr. Brondial based upon his
10
     presentation and appropriately followed Dr. Iqbal’s
11
     recommendations regarding antibiotics, based upon
12
     Dr. Levy’s review of the aforementioned medical
13
14   records, along with his education training, and

15   experience, it is his professional opinion that to a
16   reasonable degree of medical probability the care
17
     and treatment rendered by Dr. Li did not cause or
18
     contribute to any of the plaintiff’s alleged injuries.
19
20   (See Declaration of Meldon Levy, M.D., Page 5,

21   Para. 15)
22
23
24   Dated: May 5, 2010                                REBACK, MCANDREWS, KJAR,
                                                       WARFORD & STOCKALPER, LLP
25
26
27                                                     By:
                                                              ROBERT C. REBACK
28                                                            THIEN T. NGUYEN

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     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS
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     ____________________________________________________________________________________________
               DEFENDANT, VUY LI, M.D.’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

				
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