Professional Negligence Law Reporter

Lovell Avery, 50, had a history of stroke, coronary artery disease, and diabetes. He went to the ER at Riverside University Health System, complaining of left leg pain that worsened with exertion, as well as numbness. Avery, who underwent an X-ray and a CT scan of his head, was found to be hypertensive with a pulse of 88. He was discharged that day but returned to the ER three more times with worsening leg pain and allegedly received a diagnosis of suspected diabetic neuropathy. Approximately five weeks after his first trip to the ER, he returned with no palpable pulse or Doppler signals in his left foot. This led to a diagnosis of acute limb ischemia, which necessitated an above-the-knee amputation of his left leg.

Avery sued the county, alleging failure to recognize the signs and symptoms of acute limb ischemia. The plaintiff asserted that the defendant’s providers should have ordered an INR test and an arterial ultrasound during the first four visits to the ER. The defendant’s failure to meet the standard of care resulted in a progression of his condition and the need for the amputation, the plaintiff asserted.

The defense contended that the standard of care had been met and that revascularization of the plaintiff’s limb would not have been successful.

The parties mediated a settlement for $2.25 million.

Citation: Avery v. Cnty. of Riverside, No. CVR12303817 (Cal. Super. Ct. Riverside Cnty. Apr. 25, 2025).

Plaintiff counsel: Diana N. Connaughton, Benjamin T. Ikuta, and Michelle Hemesath, all of Santa Ana, Calif.