 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Kelsch v. Caroe11/25/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Benjamin Geare Kelsch, a minor, by and through his guardian ad litem, Jeanne Kessler, appeals the summary judgments granted against him and in favor of Paula Groncy, M.D., Alan Caroe, M.D., and Long Beach Memorial Medical Center, on appellant's complaint for medical malpractice. Appellant contends (1) his expert witness declaration created a triable issue of material fact as to causation, and (2) the trial court improperly considered factual issues not raised by the moving papers. We affirm.
BACKGROUND
Factual Background
Appellant was three and a half years old when he was diagnosed with medulloblastoma, a malignant brain tumor, in March 1988. Following a craniomoty, appellant underwent radiation and chemotherapy for approximately one year. On April 30, 1989, appellant was evaluated in the emergency department of Long Beach Memorial Medical Center (the hospital) for complaints of wrist pain. He was admitted for treatment and examined by respondent Dr. Groncy, an oncologist who was on call for her partner, Jerry Finklestein, M.D., who was appellant's regular oncologist. Dr. Groncy noted that in addition to a possible infection in his hand, appellant had an ear infection and decreased blood counts, with a platelet count at a critically low level. Dr. Groncy advised appellant's mother, Jeanne Kessler, that a blood platelet transfusion was necessary. Ms. Kessler requested that the transfusion be held off until absolutely necessary, and Dr. Groncy agreed.
During this time, the hospital was participating in a research study involving the collection and storage of platelets. Respondent Dr. Caroe, who was performing a fellowship in blood banking at the hospital, discussed the study with Ms. Kessler and obtained her consent for participation. On May 1, 1989, tests showed that appellant's blood counts had dropped even further. Without a blood platelet transfusion, appellant was at risk for spontaneous hemorrhage, including in his brain. Appellant received a transfusion of irradiated platelets on May 1, 1989.
Appellant initially reacted favorably to the transfusion, but his blood counts continued to drop over the next few days. Appellant received another transfusion of irradiated platelets on May 4, 1989.
At this time in 1989, blood banks in Southern California did not have a specific test for the Hepatitis C virus, and donor blood was not routinely tested for the virus. Dr. Groncy, as an oncologist, would not have personally tested donor blood for the presence of the virus. Given his medical condition, appellant was not eligible to donate his own blood for future use.
Appellant's condition improved and he was discharged from the hospital on May 8, 1989. Ten years later, on August 25, 1999, appellant learned that he may have been exposed to the Hepatitis C virus.
Procedural Background
A. The Complaint
On November 16, 2000, appellant filed a complaint for medical malpractice against respondents. The specific allegation was that respondents "negligently provided medical, hospital and nursing services to [appellant], including but not limited to failure to disclose alternative methods of blood collection and source of platelets for replacement, resulting in the infection of [appellant] with the Hepatitis C, which was first suspected on
Page 1 2 3 4 5 6 7 8 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|