Date: 12-27-2010

Case Style: Carletta Mack v. Catherine A.M. Gazzaniga, M.D., et al.

Case Number: CJ-2006-7402

Judge: Lisa T. Davis

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Damario D. Solomon-Simons

Defendant's Attorney: Allen Scott Johnson, Niki Batt, Justin P.Iilers, Mitzy G. Fryer, Alexander Caldwell Vosler and Scott David Raybern for Jeffrey S. Krantz
Timothy Best and John Jay Bowling for Merl Evan Karkdokus
Jamie K. Bruehl adn Hilton H. Walters for Stephen S. Shinault
Heidi Marie Nichols, Amy R. Steele, Brian David Malkmus and Jared John Robertson for Monica S. Reid and Catherine A.M. Gazzaniga, M.D.

Description: Carletta Mack, an individual; Lloyd Mack, an individual; Carlett and Lloyd Mack as guardians and next friends to their minor children, Solace Christian Mack and Bryce Alexander Mack sued Catherine A.M. Gazzaniga, M.D.; Monica S. Reid, M.D.; Merl Evan Kardokus, M.D.; Jibi Thomas, M.D.; and Stephen S. Shinault, D.O. on medical negligence (medical malpractice) theories claiming that on June 9, 2005 Carletta Mack gave birth to Bryce Alexander Mack by cesarean section performed by Dr. Gazzaniga at OU Medical Center in Oklahoma City. Subsequent to the C-section, Carletta suffered an inordinate amount of fever, vomiting, and pain, cramping, discomfort and distension of her abdomen that was ultimately revealed to have been caused by the presence of a retained laparotomy sponge.

Carletta was X-rayed and the X-ray revealed the presence of the sponge but she was discharged without removal of the sponge. Plaintiff claimed that the sponge was not removed until July 13, 2005. She claimed that he care provided to her by Defendants fell below the standard of care.

Defendants generally denied all of the allegations set forth in Plaintiffs' Petition.

Outcome: Defendants' verdict.

Plaintiff's Experts: Paul D. Gatewood, M.D.

Defendant's Experts: David A. Kallenberger, M.D.; Merl Evan Kardokus, M.D.; Jeffrey S. Krantz, D.O.; Douglas P. Beall, M.D.;Joan L. Walker, M.D.; Susan Hakel, M.D.; Lesa Mulligan, M.D.; Robert Cooke, M.D.

Comments: Editor's Note: This is not the first retained sponge defendants' verdict that I have seen in Oklahoma.