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Electronically Filed
1 CAROLYN L. NORTHROP, Bar No. 237989 4/2/2021 3:07 PM
SCHUERING ZIMMERMAN & DOYLE Superior Court of California
2 400 University Avenue County of Stanislaus
Sacramento, CA 95825-6502
(916) 567-0400 Clerk of the Court
3
FAX 568-0400 By: Kimberly Mean, Deputy
4
5 Attorneys for Defendant, DOCTORS MEDICAL
CENTER OF MODESTO, INC.
6
7
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
8
9
KEVIN O'GRADY, CATHERINE O'GRADY, Case No.: CV- 19-000798
10 SHAWN O'GRADY, RYAN O'GRADY, Consolidated with CV- 19-002689
Plaintiff, SEPARATE STATEMENT IN SUPPORT OF
11
DEFENDANT DOCTORS MEDICAL
CENTER OF MODESTO, INC.'S MOTION
12 vs.
FOR SUMMARY JUDGMENT
13 COUNTY OF STANISLAUS, et al.,
Defendants Date: July 8, 2021
Time: 8:30 a.m.
14
Dept: 24
KEVIN O'GRADY, CATHERINE O'GRADY,
Judge: Hon. Sonny S. Sandhu
15 SHAWN O'GRADY, RYAN O'GRADY,
Complaint Filed: 05/10/19
Plaintiffs, Trial Date: Not Scheduled
16
17 vs.
18 CORIZON HEALTH, INC., CORRECTIONAL
MEDICAL SERVICES, INC., PRISON
19 HEALTH SERVICES, INC., CALIFORNIA
FORENSIC MEDICAL GROUP, INC.,
20 DOCTORS MEDICAL CENTER OF
MODESTO, and DOES 1 to 100, Inclusive,
21
Defendants.
22
Defendant, DOCTORS MEDICAL CENTER OF MODESTO, INC. (hereinafter
23
"DMC"), solely for the purpose of its Motion for Summary Judgment, hereby submits
24
this Separate Statement of Undisputed Material Facts and references to supporting
25
26 III
1
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
1 evidence under the provisions of the Code of Civil Procedure, Section 437c(b)(l) and
2 California Rules of Court, Rule 3. 1 350(c).
3 Undisputed Material Response and
Moving Party's Opposing Party's
4 Facts and Supporting Evidence: Supporting Evidence:
1. Plaintiffs allege a single cause of
5 action for general negligence
(professional medical negligence) for the
6
wrongful death of Decedent, Kevin M.
7 O'Grady against DMC.
8
Plaintiffs' Complaint (Ex. "A" of
9 Defendant's Evidence).
10 2. Plaintiff, KEVIN O'GRADY, is the
father of Decedent, Kevin M. O'Grady.
11
12 Plaintiffs' Complaint, p. 8, 1115 (Ex. "A" of
Defendant's Evidence).
13
14 3. Plaintiff, CATHERINE O'GRADY, is
the mother of Decedent, Kevin M.
15
O'Grady.
16
Plaintiffs' Complaint, p. 8, 1115 (Ex. "A" of
17 Defendant's Evidence).
18
4. On May 22, 2018, at or about 10:45
19 a.m., Decedent, Kevin M. O'Grady, was
transferred to DMC via ambulance from
20
Stanislaus County Jail.
21
Declaration of Cindy Vingerhoets
22 (hereinafter "Vingerhoets Dec."), Ex. A,
23 pp. 452, 454, 456, 459, 490, and 497
(Exhibit "B" of Defendant's Evidence).
24
III
25
26 ///
2
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
5. Decedent, Kevin M. O'Grady, was
1
transferred to DMC on May 22, 2018 after
2 he had been found slumped over in a
wheelchair, non-responsive, and with
3
shallow respirations and dilated pupils.
4
Vingerhoets Dec., Ex. A, pp. 443, 454, 456,
5 459, 490, and 497.
6
6. In the days prior to May 22, 2018,
7 Decedent, Kevin M. O'Grady, had been
showing signs of altered mental status
8
and falling, which required him to be
9 placed in the wheelchair for safety
reasons.
10
Vingerhoets Dec., Ex. A, pp. 443 and 456.
11
12 7. Prior to Decedent, Kevin M.
O'Grady's transfer to DMC, on May 22,
13
2018, Decedent was administered
14 Narcan.
15 454, 456,
Vingerhoets Dec., Ex. A, pp. 443,
16 459, 490, and 497.
17 8. After he was administered Narcan
on May 22, 2018, Decedent, Kevin M.
18
O'Grady, became more responsive and
19 was speaking to the emergency medical
services (paramedics) staff when they
20
arrived.
21
Vingerhoets Dec., Ex. A, pp. 442, 454, 456,
22
459, 490, and 497.
23
///
24
III
25
26 III
3
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
9. Upon arrival to the Emergency
1
Room at DMC on May 22, 2018, Decedent,
2 Kevin M. O'Grady, presented with signs of
multiple organ failure.
3
4 Vingerhoets Dec., Ex. A, pp. 456 and 491.
5 10. Upon arrival to the Emergency
Room at DMC on May 22, 2018, Decedent,
6
Kevin M. O'Grady, presented with septic
7 shock.
8
Vingerhoets Dec., Ex. A, pp. 454, 456, and
9 491.
10 to the Emergency
11. Upon arrival
11 Room at DMC on May 22, 2018, Decedent,
Kevin M. O'Grady, presented with
12 possible necrotizing fasciitis of his right
deltoid.
13
14 Vingerhoets Dec., Ex. A, pp. 443, 454, 456,
and 491.
15
16 12. On May 22, 2018, Decedent, Kevin
M. O'Grady's urine screen was positive
17 for amphetamines.
18
Vingerhoets Dec., Ex. A, pp. 443, 454, 456,
19 457, and 459.
20
1 3. On May 22, 201 8, Decedent, Kevin
21 M. O'Grady's urine screen was positive
for opioids.
22
23 Vingerhoets Dec., Ex. A, pp. 443, 454, 456,
457, and 459.
24
///
25
26 III
4
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
14. On May 22, 2018, Decedent, Kevin
1
M. O' Grady, was intubated in the
2 emergency room at DMC.
3
Vingerhoets Dec., Ex. A, pp. 443, 459, and
4 493.
5 73: On May 22, 2018, Decedent, Kevin
M. O'Grady, was resuscitated in the
6 emergency room at DMC.
7
Vingerhoets Dec., Ex. A, pp. 454 and 456.
8
1 6. While in the Emergency Room at
9 Kevin
DMC on May 22, 2018, Decedent,
10 M. O'Grady's heart rate was 147.
11 Vingerhoets Dec., Ex. A, pp. 408 and 455.
12
17. While in the Emergency Room at
13 DMC on May 22, 2018, Decedent, Kevin
M. O'Grady's blood pressure was 85/61.
14
15 Vingerhoets Dec., Ex. A, pp. 408 and 455.
16 18. On May 22, 2018, while in the
Emergency Room at DMC, Decedent,
17
Kevin M. O'Grady's pH level was 6.63 and
18 6.82.
19
Vingerhoets Dec., Ex. A, pp. 443, 452, 454,
20 456, 459, 491, and 591.
21 III
22
III
23
III
24
25
III
26 III
5
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
19. A CT scan of Decedent, Kevin M.
1
O'Grady's right shoulder on May 22, 2018
2 showed a large gas-filled open wound
lateral aspect of the upper arm extending
3
to the skin into the lateral deltoid muscle
4 with diffuse soft tissue edema throughout
the upper arm and chest wall regions.
5
Vingerhoets Dec., Ex. A, pp. 443, 448, 455,
6
457, 459, 463, and 540.
7
20. An emergent incision and drainage
8
of Decedent, Kevin M. O'Grady's right
9 deltoid was immediately performed in
the emergency department at DMC on
10 May 22, 2018.
11
Vingerhoets Dec., Ex. A, pp. 443, 454, 459,
12 488, and 493.
13
21. On May 22, 2018, Decedent, Kevin
14 M. O'Grady, was diagnosed with severe
septic shock.
15
16 Vingerhoets Dec., Ex. A, pp. 450, 452, 457,
490, and 493.
17
22. On May 22, 2018, Decedent, Kevin
18
M. O'Grady, was diagnosed with acute
hypoxemic respiratory failure.
19
20 Vingerhoets Dec., Ex. A, pp. 450, 452, 490,
and 493.
21
23. On May 22, 2018, Decedent, Kevin
22
M. O'Grady, was diagnosed with
necrotizing fasciitis.
23
24 Vingerhoets Dec., Ex. A, pp. 450, 452, 457,
490, and 493.
25
26 ///
6
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
On May 22, 2018, Decedent, Kevin
1 M. O'Grady, was diagnosed with acute
renal failure.
2
3 Vingerhoets Dec., Ex. A, pp. 451 , 452, 490,
and 493.
4
237 On May 22, 2018, Decedent, Kevin
5 M. O'Grady, was diagnosed with
hyperkalemia.
6
7 Vingerhoets Dec., Ex. A, pp. 452, 490, and
493.
8
26. On May 22, 2018, Decedent, Kevin
9
M. O'Grady, was admitted to the
10 intensive care unit (ICU) at DMC.
11
Vingerhoets Dec., Ex. A, pp. 443, 491, and
12 493.
13
27. On May 22, 2018, at DMC,
14 Decedent, Kevin M. O'Grady, was noted
to be critically ill with life threatening
15 organ failure.
16
Vingerhoets Dec., Ex. A, pp. 452 and 453.
17
28. On May 22, 2018, an orthopedic
18
surgeon, Dr. Trzeciak, confirmed that
19 Decedent, Kevin M. O'Grady, had
necrotizing fasciitis.
20
Vingerhoets Dec., Ex. A, pp. 456-458.
21
22 29. On May 22, 2018, an orthopedic
surgeon, Dr. Trzeciak, confirmed that
23
Decedent, Kevin M. O'Grady, had severe
24 septic shock.
25
Vingerhoets Dec., Ex. A, pp. 456-458.
26
7
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
30. On May 22, 2018, Decedent, Kevin
1
M. O'Grady, was emergently taken to the
2 operating room to debride the right
shoulder and anterior chest wall.
3
4 Vingerhoets Dec., Ex. A, pp. 458, 460, and
512-513.
5
31. On May 22, 2018, Dr. Trzeciak
6
specifically noted that Decedent, Kevin
7 M. O'Grady, was in a dire situation and at
severe risk of losing his life due to his
8
septic shock.
9
Vingerhoets Dec., Ex. A, p. 458.
10
32. On May 22, 2018, Dr. Trzeciak
11
further noted that even after thorough
12 incision and drainage and surgical
degloving, Decedent, Kevin M. O'Grady's
13
infection may still not be able to be
14 controlled.
15
Vingerhoets Dec., Ex. A, p. 458.
16
33. On May 22, 2018, Dr. Trzeciak
17 noted that Decedent, Kevin M. O'Grady,
would likely need multiple surgeries and
18
very involved care from all teams given
19 the state of his health.
20
Vingerhoets Dec., Ex. A, p. 488.
21
34. Decedent, Kevin M. O'Grady, was
22
consistently monitored and his vitals
23 were observed overnight (May 22, 2018 to
May 23, 2018).
24
Vingerhoets Dec., Ex. A, pp. 385-410.
25
26 III
8
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
35. On May 23, 2018, Decedent, Kevin
1
M. O'Grady, was seen by Dr. Ramanjeet
2 Singh in the ICU at DMC.
3
Vingerhoets Dec., Ex. A, pp. 472-479.
4
36. On May 23, 2018, Dr. Ramanjeet
5 Singh noted that Decedent, Kevin M.
6
O' Grady's condition had worsened
overnight.
7
Vingerhoets Dec., Ex. A, pp. 460 and 472.
8
9 37. On May 23, 2018, Dr. Ramanjeet
Singh noted that Decedent, Kevin M.
10
O'Grady, had become more acidotic.
11
Vingerhoets Dec., Ex. A, pp. 460 and 472.
12
38. On May 23, 2018, Dr. Ramanjeet
13 Singh noted that Decedent, Kevin M.
O'Grady, had become more hypotensive.
14
15 Vingerhoets Dec., Ex. A, pp. 460 and 472.
16 39. On May 23, 2018, Dr. Ramanjeet
Singh noted that Decedent, Kevin M.
17
O'Grady's pupils were non-responsive.
18
Vingerhoets Dec., Ex. A, pp. 473.
19
20 40. On May 23, 2018, Dr. Ramanjeet
Singh noted that Decedent, Kevin M.
21
O'Grady, remained critically ill with life
22 threatening organ failure.
23 Vingerhoets Dec., Ex. A, pp. 479.
24 ///
25 III
26 III
9
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
41. Despite aggressive therapy,
1
Decedent, Kevin M. O'Grady's condition
2 continued to deteriorate and he went
into cardiac arrest on May 23, 2018.
3
4 Vingerhoets Dec., Ex. A, pp. 460 and 479.
5 42. At approximately 10:55 a.m., on
May 23, 2018, a code blue was called for
6
Decedent, Kevin M. O'Grady.
7
Vingerhoets Dec., Ex. A, p. 460.
8
9 43. Despite the performance of CPR
for 30 minutes, unfortunately Decedent,
10 dead
Kevin M. O'Grady, was pronounced
11 at approximately 11:17 a.m. on May 23,
2018.
12
Vingerhoets Dec., Ex. A, pp. 460-479.
13
14 44. DMC met the standard of care with
regard to the care provided to Decedent,
15
Kevin M. O'Grady, on May 22, 2018.
16
Declaration of Peter C. Benson, M.D.
17 (hereinafter "Benson Decl.") at 1115
18 (Exhibit "C" of Defendant's Evidence).
19 DMC met the standard of care with
regard to the care provided to Decedent,
20 Kevin M. O'Grady, on May 23, 2018.
21
Benson Decl. at HI 5.
22
46. Decedent, Kevin M. O'Grady,
23 presented to DMC in an essentially dire
state.
24
25 Benson Decl. at 1115.
26 III
10
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
47. Decedent, Kevin M. O'Grady, was
1
already in life-threatening multi-organ
2 failure and had necrotizing fasciitis of his
right deltoid prior to admission to DMC.
3
4 Benson Decl. at 1115.
5 48. Upon arrival to the emergency
room at DMC and admission into ICU
6
Decedent, Kevin M. O'Grady, was
7 appropriately monitored.
8
Benson Decl. at 1115.
9
49. Decedent, Kevin M. O'Grady, was
10 evidenced by the
timely provided care as
11 emergent incision and drainage
performed in the emergency department
12 following his CT scan.
13
Benson Decl. at 1115.
14
50. A timely request for an immediate
15
orthopedic consult was placed and
16 Decedent, Kevin M. O'Grady, was
emergently taken to the OR for a more
17 thorough incision and drainage.
18
Benson Decl. at 1115.
19
51. Despite the efforts of the
20
emergency and orthopedic staff and
21 consistent monitoring by nursing staff at
DMC, Decedent, Kevin M. O'Grady,
22 developed
continued to deteriorate and
23 cardiac arrest and was pronounced
deceased at 11:17 a.m. on May 23, 201 8.
24
Benson Decl. at 1116.
25
26 ///
11
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
52. DMC, the emergency room nurses,
1
and agents and employees, met the
2 standard of care at all times with regard
to the care and treatment provided to
3
Decedent, Kevin M. O'Grady, May 22,
4 2018-May 23, 2018.
5 Benson Decl. at HI 7.
6
53. Decedent, Kevin M. O'Grady,
7 presented to DMC in an essentially
moribund state.
8
9 Benson Decl. at 1118.
10
11 54. Upon Decedent, Kevin M.
O'Grady's presentation to DMC, his pH
12 acid level was so severe that it would
have been almost impossible for
13
Decedent to recover from his infection.
14
Benson Decl. at 1118.
15
16 55. Decedent, Kevin M. O'Grady's
heart rate and blood pressure upon his
17 presentation to DMC indicate that he was
18 already in decompensated shock.
19 Benson Decl. at 1118.
20
56. Decedent, Kevin M. O'Grady,
21 received all of the appropriate care and
treatment from DMC; however, nothing
22
would have altered the ultimate outcome
23 of Decedent's death.
24 Benson Decl. at 1118.
25 ///
26 III
12
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
57. No act or omission by DMC, by and
1
through its agents and employees,
2 including, but not limited to nursing staff,
was a cause or substantial factor in any
3
injuiy to Decedent, Kevin M. O'Grady.
4
Benson Decl. at 1118.
5
58. Plaintiff, KEVIN O'GRADY, has no
6
contentions of negligence against DMC.
7
Declaration of Carolyn L. Northrop
8
(hereinafter "Northrop Dec."), Ex. "A"
9 and "C", Special Interrogatories, Set One,
No. 1. (Exhibit "D" of Defendant's
10
Evidence).
11
59. Plaintiff, CATHERINE O'GRADY,
12 has no contentions of negligence against
DMC.
13
14 Northrop Dec., Ex. "B" and "D", Special
Interrogatories, Set One, No. 1.
15
16
17
Dated: April 2, 2021
SCHUERING ZIMMERMAN & DOYLE, LLP
18
19 By.
CAROLYN L. NORTHROP jj
20 Attorneys for Defendant, DOCTORS MEDICAL
CENTER OF MODESTO, INC.
21
22
23
24
25
26
13
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO,
INC.'S MOTION FOR SUMMARY JUDGMENT
Preview
Electronically Filed 1 CAROLYN L. NORTHROP, Bar No. 237989 4/2/2021 3:07 PM SCHUERING ZIMMERMAN & DOYLE Superior Court of California 2 400 University Avenue County of Stanislaus Sacramento, CA 95825-6502 (916) 567-0400 Clerk of the Court 3 FAX 568-0400 By: Kimberly Mean, Deputy 4 5 Attorneys for Defendant, DOCTORS MEDICAL CENTER OF MODESTO, INC. 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 8 9 KEVIN O'GRADY, CATHERINE O'GRADY, Case No.: CV- 19-000798 10 SHAWN O'GRADY, RYAN O'GRADY, Consolidated with CV- 19-002689 Plaintiff, SEPARATE STATEMENT IN SUPPORT OF 11 DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION 12 vs. FOR SUMMARY JUDGMENT 13 COUNTY OF STANISLAUS, et al., Defendants Date: July 8, 2021 Time: 8:30 a.m. 14 Dept: 24 KEVIN O'GRADY, CATHERINE O'GRADY, Judge: Hon. Sonny S. Sandhu 15 SHAWN O'GRADY, RYAN O'GRADY, Complaint Filed: 05/10/19 Plaintiffs, Trial Date: Not Scheduled 16 17 vs. 18 CORIZON HEALTH, INC., CORRECTIONAL MEDICAL SERVICES, INC., PRISON 19 HEALTH SERVICES, INC., CALIFORNIA FORENSIC MEDICAL GROUP, INC., 20 DOCTORS MEDICAL CENTER OF MODESTO, and DOES 1 to 100, Inclusive, 21 Defendants. 22 Defendant, DOCTORS MEDICAL CENTER OF MODESTO, INC. (hereinafter 23 "DMC"), solely for the purpose of its Motion for Summary Judgment, hereby submits 24 this Separate Statement of Undisputed Material Facts and references to supporting 25 26 III 1 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 1 evidence under the provisions of the Code of Civil Procedure, Section 437c(b)(l) and 2 California Rules of Court, Rule 3. 1 350(c). 3 Undisputed Material Response and Moving Party's Opposing Party's 4 Facts and Supporting Evidence: Supporting Evidence: 1. Plaintiffs allege a single cause of 5 action for general negligence (professional medical negligence) for the 6 wrongful death of Decedent, Kevin M. 7 O'Grady against DMC. 8 Plaintiffs' Complaint (Ex. "A" of 9 Defendant's Evidence). 10 2. Plaintiff, KEVIN O'GRADY, is the father of Decedent, Kevin M. O'Grady. 11 12 Plaintiffs' Complaint, p. 8, 1115 (Ex. "A" of Defendant's Evidence). 13 14 3. Plaintiff, CATHERINE O'GRADY, is the mother of Decedent, Kevin M. 15 O'Grady. 16 Plaintiffs' Complaint, p. 8, 1115 (Ex. "A" of 17 Defendant's Evidence). 18 4. On May 22, 2018, at or about 10:45 19 a.m., Decedent, Kevin M. O'Grady, was transferred to DMC via ambulance from 20 Stanislaus County Jail. 21 Declaration of Cindy Vingerhoets 22 (hereinafter "Vingerhoets Dec."), Ex. A, 23 pp. 452, 454, 456, 459, 490, and 497 (Exhibit "B" of Defendant's Evidence). 24 III 25 26 /// 2 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 5. Decedent, Kevin M. O'Grady, was 1 transferred to DMC on May 22, 2018 after 2 he had been found slumped over in a wheelchair, non-responsive, and with 3 shallow respirations and dilated pupils. 4 Vingerhoets Dec., Ex. A, pp. 443, 454, 456, 5 459, 490, and 497. 6 6. In the days prior to May 22, 2018, 7 Decedent, Kevin M. O'Grady, had been showing signs of altered mental status 8 and falling, which required him to be 9 placed in the wheelchair for safety reasons. 10 Vingerhoets Dec., Ex. A, pp. 443 and 456. 11 12 7. Prior to Decedent, Kevin M. O'Grady's transfer to DMC, on May 22, 13 2018, Decedent was administered 14 Narcan. 15 454, 456, Vingerhoets Dec., Ex. A, pp. 443, 16 459, 490, and 497. 17 8. After he was administered Narcan on May 22, 2018, Decedent, Kevin M. 18 O'Grady, became more responsive and 19 was speaking to the emergency medical services (paramedics) staff when they 20 arrived. 21 Vingerhoets Dec., Ex. A, pp. 442, 454, 456, 22 459, 490, and 497. 23 /// 24 III 25 26 III 3 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 9. Upon arrival to the Emergency 1 Room at DMC on May 22, 2018, Decedent, 2 Kevin M. O'Grady, presented with signs of multiple organ failure. 3 4 Vingerhoets Dec., Ex. A, pp. 456 and 491. 5 10. Upon arrival to the Emergency Room at DMC on May 22, 2018, Decedent, 6 Kevin M. O'Grady, presented with septic 7 shock. 8 Vingerhoets Dec., Ex. A, pp. 454, 456, and 9 491. 10 to the Emergency 11. Upon arrival 11 Room at DMC on May 22, 2018, Decedent, Kevin M. O'Grady, presented with 12 possible necrotizing fasciitis of his right deltoid. 13 14 Vingerhoets Dec., Ex. A, pp. 443, 454, 456, and 491. 15 16 12. On May 22, 2018, Decedent, Kevin M. O'Grady's urine screen was positive 17 for amphetamines. 18 Vingerhoets Dec., Ex. A, pp. 443, 454, 456, 19 457, and 459. 20 1 3. On May 22, 201 8, Decedent, Kevin 21 M. O'Grady's urine screen was positive for opioids. 22 23 Vingerhoets Dec., Ex. A, pp. 443, 454, 456, 457, and 459. 24 /// 25 26 III 4 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 14. On May 22, 2018, Decedent, Kevin 1 M. O' Grady, was intubated in the 2 emergency room at DMC. 3 Vingerhoets Dec., Ex. A, pp. 443, 459, and 4 493. 5 73: On May 22, 2018, Decedent, Kevin M. O'Grady, was resuscitated in the 6 emergency room at DMC. 7 Vingerhoets Dec., Ex. A, pp. 454 and 456. 8 1 6. While in the Emergency Room at 9 Kevin DMC on May 22, 2018, Decedent, 10 M. O'Grady's heart rate was 147. 11 Vingerhoets Dec., Ex. A, pp. 408 and 455. 12 17. While in the Emergency Room at 13 DMC on May 22, 2018, Decedent, Kevin M. O'Grady's blood pressure was 85/61. 14 15 Vingerhoets Dec., Ex. A, pp. 408 and 455. 16 18. On May 22, 2018, while in the Emergency Room at DMC, Decedent, 17 Kevin M. O'Grady's pH level was 6.63 and 18 6.82. 19 Vingerhoets Dec., Ex. A, pp. 443, 452, 454, 20 456, 459, 491, and 591. 21 III 22 III 23 III 24 25 III 26 III 5 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 19. A CT scan of Decedent, Kevin M. 1 O'Grady's right shoulder on May 22, 2018 2 showed a large gas-filled open wound lateral aspect of the upper arm extending 3 to the skin into the lateral deltoid muscle 4 with diffuse soft tissue edema throughout the upper arm and chest wall regions. 5 Vingerhoets Dec., Ex. A, pp. 443, 448, 455, 6 457, 459, 463, and 540. 7 20. An emergent incision and drainage 8 of Decedent, Kevin M. O'Grady's right 9 deltoid was immediately performed in the emergency department at DMC on 10 May 22, 2018. 11 Vingerhoets Dec., Ex. A, pp. 443, 454, 459, 12 488, and 493. 13 21. On May 22, 2018, Decedent, Kevin 14 M. O'Grady, was diagnosed with severe septic shock. 15 16 Vingerhoets Dec., Ex. A, pp. 450, 452, 457, 490, and 493. 17 22. On May 22, 2018, Decedent, Kevin 18 M. O'Grady, was diagnosed with acute hypoxemic respiratory failure. 19 20 Vingerhoets Dec., Ex. A, pp. 450, 452, 490, and 493. 21 23. On May 22, 2018, Decedent, Kevin 22 M. O'Grady, was diagnosed with necrotizing fasciitis. 23 24 Vingerhoets Dec., Ex. A, pp. 450, 452, 457, 490, and 493. 25 26 /// 6 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT On May 22, 2018, Decedent, Kevin 1 M. O'Grady, was diagnosed with acute renal failure. 2 3 Vingerhoets Dec., Ex. A, pp. 451 , 452, 490, and 493. 4 237 On May 22, 2018, Decedent, Kevin 5 M. O'Grady, was diagnosed with hyperkalemia. 6 7 Vingerhoets Dec., Ex. A, pp. 452, 490, and 493. 8 26. On May 22, 2018, Decedent, Kevin 9 M. O'Grady, was admitted to the 10 intensive care unit (ICU) at DMC. 11 Vingerhoets Dec., Ex. A, pp. 443, 491, and 12 493. 13 27. On May 22, 2018, at DMC, 14 Decedent, Kevin M. O'Grady, was noted to be critically ill with life threatening 15 organ failure. 16 Vingerhoets Dec., Ex. A, pp. 452 and 453. 17 28. On May 22, 2018, an orthopedic 18 surgeon, Dr. Trzeciak, confirmed that 19 Decedent, Kevin M. O'Grady, had necrotizing fasciitis. 20 Vingerhoets Dec., Ex. A, pp. 456-458. 21 22 29. On May 22, 2018, an orthopedic surgeon, Dr. Trzeciak, confirmed that 23 Decedent, Kevin M. O'Grady, had severe 24 septic shock. 25 Vingerhoets Dec., Ex. A, pp. 456-458. 26 7 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 30. On May 22, 2018, Decedent, Kevin 1 M. O'Grady, was emergently taken to the 2 operating room to debride the right shoulder and anterior chest wall. 3 4 Vingerhoets Dec., Ex. A, pp. 458, 460, and 512-513. 5 31. On May 22, 2018, Dr. Trzeciak 6 specifically noted that Decedent, Kevin 7 M. O'Grady, was in a dire situation and at severe risk of losing his life due to his 8 septic shock. 9 Vingerhoets Dec., Ex. A, p. 458. 10 32. On May 22, 2018, Dr. Trzeciak 11 further noted that even after thorough 12 incision and drainage and surgical degloving, Decedent, Kevin M. O'Grady's 13 infection may still not be able to be 14 controlled. 15 Vingerhoets Dec., Ex. A, p. 458. 16 33. On May 22, 2018, Dr. Trzeciak 17 noted that Decedent, Kevin M. O'Grady, would likely need multiple surgeries and 18 very involved care from all teams given 19 the state of his health. 20 Vingerhoets Dec., Ex. A, p. 488. 21 34. Decedent, Kevin M. O'Grady, was 22 consistently monitored and his vitals 23 were observed overnight (May 22, 2018 to May 23, 2018). 24 Vingerhoets Dec., Ex. A, pp. 385-410. 25 26 III 8 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 35. On May 23, 2018, Decedent, Kevin 1 M. O'Grady, was seen by Dr. Ramanjeet 2 Singh in the ICU at DMC. 3 Vingerhoets Dec., Ex. A, pp. 472-479. 4 36. On May 23, 2018, Dr. Ramanjeet 5 Singh noted that Decedent, Kevin M. 6 O' Grady's condition had worsened overnight. 7 Vingerhoets Dec., Ex. A, pp. 460 and 472. 8 9 37. On May 23, 2018, Dr. Ramanjeet Singh noted that Decedent, Kevin M. 10 O'Grady, had become more acidotic. 11 Vingerhoets Dec., Ex. A, pp. 460 and 472. 12 38. On May 23, 2018, Dr. Ramanjeet 13 Singh noted that Decedent, Kevin M. O'Grady, had become more hypotensive. 14 15 Vingerhoets Dec., Ex. A, pp. 460 and 472. 16 39. On May 23, 2018, Dr. Ramanjeet Singh noted that Decedent, Kevin M. 17 O'Grady's pupils were non-responsive. 18 Vingerhoets Dec., Ex. A, pp. 473. 19 20 40. On May 23, 2018, Dr. Ramanjeet Singh noted that Decedent, Kevin M. 21 O'Grady, remained critically ill with life 22 threatening organ failure. 23 Vingerhoets Dec., Ex. A, pp. 479. 24 /// 25 III 26 III 9 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 41. Despite aggressive therapy, 1 Decedent, Kevin M. O'Grady's condition 2 continued to deteriorate and he went into cardiac arrest on May 23, 2018. 3 4 Vingerhoets Dec., Ex. A, pp. 460 and 479. 5 42. At approximately 10:55 a.m., on May 23, 2018, a code blue was called for 6 Decedent, Kevin M. O'Grady. 7 Vingerhoets Dec., Ex. A, p. 460. 8 9 43. Despite the performance of CPR for 30 minutes, unfortunately Decedent, 10 dead Kevin M. O'Grady, was pronounced 11 at approximately 11:17 a.m. on May 23, 2018. 12 Vingerhoets Dec., Ex. A, pp. 460-479. 13 14 44. DMC met the standard of care with regard to the care provided to Decedent, 15 Kevin M. O'Grady, on May 22, 2018. 16 Declaration of Peter C. Benson, M.D. 17 (hereinafter "Benson Decl.") at 1115 18 (Exhibit "C" of Defendant's Evidence). 19 DMC met the standard of care with regard to the care provided to Decedent, 20 Kevin M. O'Grady, on May 23, 2018. 21 Benson Decl. at HI 5. 22 46. Decedent, Kevin M. O'Grady, 23 presented to DMC in an essentially dire state. 24 25 Benson Decl. at 1115. 26 III 10 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 47. Decedent, Kevin M. O'Grady, was 1 already in life-threatening multi-organ 2 failure and had necrotizing fasciitis of his right deltoid prior to admission to DMC. 3 4 Benson Decl. at 1115. 5 48. Upon arrival to the emergency room at DMC and admission into ICU 6 Decedent, Kevin M. O'Grady, was 7 appropriately monitored. 8 Benson Decl. at 1115. 9 49. Decedent, Kevin M. O'Grady, was 10 evidenced by the timely provided care as 11 emergent incision and drainage performed in the emergency department 12 following his CT scan. 13 Benson Decl. at 1115. 14 50. A timely request for an immediate 15 orthopedic consult was placed and 16 Decedent, Kevin M. O'Grady, was emergently taken to the OR for a more 17 thorough incision and drainage. 18 Benson Decl. at 1115. 19 51. Despite the efforts of the 20 emergency and orthopedic staff and 21 consistent monitoring by nursing staff at DMC, Decedent, Kevin M. O'Grady, 22 developed continued to deteriorate and 23 cardiac arrest and was pronounced deceased at 11:17 a.m. on May 23, 201 8. 24 Benson Decl. at 1116. 25 26 /// 11 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 52. DMC, the emergency room nurses, 1 and agents and employees, met the 2 standard of care at all times with regard to the care and treatment provided to 3 Decedent, Kevin M. O'Grady, May 22, 4 2018-May 23, 2018. 5 Benson Decl. at HI 7. 6 53. Decedent, Kevin M. O'Grady, 7 presented to DMC in an essentially moribund state. 8 9 Benson Decl. at 1118. 10 11 54. Upon Decedent, Kevin M. O'Grady's presentation to DMC, his pH 12 acid level was so severe that it would have been almost impossible for 13 Decedent to recover from his infection. 14 Benson Decl. at 1118. 15 16 55. Decedent, Kevin M. O'Grady's heart rate and blood pressure upon his 17 presentation to DMC indicate that he was 18 already in decompensated shock. 19 Benson Decl. at 1118. 20 56. Decedent, Kevin M. O'Grady, 21 received all of the appropriate care and treatment from DMC; however, nothing 22 would have altered the ultimate outcome 23 of Decedent's death. 24 Benson Decl. at 1118. 25 /// 26 III 12 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT 57. No act or omission by DMC, by and 1 through its agents and employees, 2 including, but not limited to nursing staff, was a cause or substantial factor in any 3 injuiy to Decedent, Kevin M. O'Grady. 4 Benson Decl. at 1118. 5 58. Plaintiff, KEVIN O'GRADY, has no 6 contentions of negligence against DMC. 7 Declaration of Carolyn L. Northrop 8 (hereinafter "Northrop Dec."), Ex. "A" 9 and "C", Special Interrogatories, Set One, No. 1. (Exhibit "D" of Defendant's 10 Evidence). 11 59. Plaintiff, CATHERINE O'GRADY, 12 has no contentions of negligence against DMC. 13 14 Northrop Dec., Ex. "B" and "D", Special Interrogatories, Set One, No. 1. 15 16 17 Dated: April 2, 2021 SCHUERING ZIMMERMAN & DOYLE, LLP 18 19 By. CAROLYN L. NORTHROP jj 20 Attorneys for Defendant, DOCTORS MEDICAL CENTER OF MODESTO, INC. 21 22 23 24 25 26 13 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT DOCTORS MEDICAL CENTER OF MODESTO, INC.'S MOTION FOR SUMMARY JUDGMENT