Professional Negligence Law Reporter

Doe, a 39-year-old man who suffered from chronic kidney disease, consulted a surgeon about a neurofibroma on his right rectus muscle. Testing showed a creatinine level of 3.21, and the surgeon allegedly alerted Doe’s primary care physician about this finding.

Doe underwent elective surgery approximately three weeks later. Doe’s creatinine level began to rise, and he was diagnosed as having aspiration pneumonia, necessitating intubation and dialysis. A CT scan also revealed that Doe had suffered a severe stroke. He now requires 24-hour care.

Doe claimed an HMO was liable for wrongfully clearing him for elective surgery in light of his kidney function. He argued that the surgery should have been postponed until his kidney function was optimized. He also asserted that the defendant’s hematologist should not have administered procoagulants before the procedure.

An arbitrator awarded more than $17.2 million.

Citation: Doe v. Roe HMO, arbitration award, Oct. 17, 2022.

Claimant counsel: AAJ members Daniel M. Hodes and Jacob Brender, both of Irvine, Calif.