Date: 01-29-2014

Case Style: Angel Gonzales v. Integris Southwest Medical Center, Inc. and Nghia T. Phan, D.O.

Case Number: CJ-2008-3364

Judge: Roger H. Stuart

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Vanessa Donchin Brentwood

Defendant's Attorney: Glen Huff, Greg J. Lytle, and Robert D. Hoisington for Integris

Hilton H. Walters, R. Gene Stanley, Jamie Bruehl and Neel K. Natarajan for Nghia T. Phan, D.O.

Description: Angel Gonzales, a minor, by and through his parents and next friends, Celeste Garcia and Benito Gonzalez, and Celeste Garcia and Benito Gonzales sued Integris Southwest Medical Center, Inc. and Nghia T. Phan, D.O. on medical negligence (medical malpractice) theories claiming:

1. On February 16, 2008, Plaintiffs Celeste Garcia and Benito Gonzales, presented to the emergency room of Defendant’s Integris Southwest Medical Center, a medical facility in Oklahoma City, Oklahoma, in an effort to seek medical treatment for their minor child, Plaintiff Angel Gonzales.

2. Plaintiff Angel Gonzales was examined, treated, and ultimately misdiagnosed by Dr. Nghia T. Phan, D.O., an employee of Defendant Southwest Medical Center.

3. Despite presenting to the emergency room with complaints of severe abdominal pain and ultimately suffering from acute appendicitis, Plaintiff Angel Gonzales was diagnosed with otitis media and pharyngitis and prescribed codeine.

4. s a result of Defendant Phan’s misdiagnosis, Plaintiff Angel Gonzales’s ppendix ruptured, requiring open abdominal surgery, and hospitalization for proximately nine days.

5. fendant Dr. Phan was negligent in rendering medical services to Plaintiff gel Gonzales, and those medical services fell below the acceptable tandards of care.

6. efendant, Southwest Medical Center, its agents, servants, and employees, ere negligent in the medical treatment administered to Plaintiff Angel onzales, and in its administrative and supervisory duties, which conduct was he proximate cause of Angel’s injuries. Defendant’s conduct fell below acceptable medical standards.

7. As a direst result of Defendants’ negligence and substandard medical care, Plaintiff Angel Gonzales suffered personal injuries and has sustained actual damages in an amount exceeding the sum of $10,000, exclusive of interest and costs.

8. As a direst result of Defendants’ negligence and substandard medical care, Plaintiffs Celeste Garcia and Benito Gonzales sustained actual damages in an amount exceeding the sum of $10,000, exclusive of interest and costs.

9. Plaintiffs entered into a contract and agreement with Defendant Southwest Medical Center, under the terms of which contract Defendant agreed to render medical care to Angel Gonzales in a competent and non-negligent manner in exchange for Plaintiffs’ promise to pay the corresponding bill associated with those services. Defendant Southwest Medical Center was negligent in urnishing medical care to Plaintiff Angel Gonzales, and therefore breached e referenced contract for services.

Plainti s pray for judgment against Defendants for actual and compensatory damages, to ether with interest, costs, lawyers’ fees, and any other relief which is available to them by law, or in equity


Defendant Nghia T. Phan, D.O. appeared and answered as follows:

COMES NOW the defendant, Nghia I. Phan, D.O., (“Dr. Phan”) and for his answer to plaintiffs’ petition, alleges and states as follows:

1. Dr. Phan denies generally and specifically each and every material allegation contained in plaintiffs’ petition, except such allegations as are hereinafter specifically admitted.

2. Dr. Phan admits that Angel Gonzales presented to the emergency room of Integris Southwest Medical Center on February 16, 2008. Dr. Phan is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in paragraph 1 of plaintiffs’ petition.

3. Dr. Phan admits that he examined and treated Angel Gonzales. Dr. Phan denies the remaining allegations contained paragraph 2 in plaintiffs’ petition.

4. Dr. Phan admits that Angel Gonzales was diagnosed with otitis media and pharyngitis. Dr. Phan is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained in paragraph 3 of plaintiffs’ petition.

5. The allegations contained in paragraphs 6 and 9 of plaintiffs’ petition do not pertain to Dr. Phan, and therefore no response to them is called for by Dr. Phan.

6. Dr. Phan denies the allegations contained in paragraphs 4, 7 and 8 of plaintiffs’ petition as they pertain to his.

7. Dr. Phan denies the allegation contained paragraph 5 in plaintiffs’ petition.

8. Dr. Phan specifically denies that he was negligent in any manner or at any time in his care and treatment of the Angel Gonzales. Dr. Phan’s care and treatment of the plaintiff was at all times and in every manner proper and within the standard of applicable care.

9. Dr. Phan specifically denies that any act or omission on his part in the care and treatment of the Angel Gonzales was the proximate cause of any injury to the plaintiffs.

10. Dr. Phan specifically denies that Angel Gonzales sustained any injury or suffered any damages by reason of any alleged act or omission on Dr. Phans part.

12. Discovery being incomplete, Dr. Phan specifically reserves the right to amend his answer or to add any affirmative defense as more information becomes available.

WHEREFORE, having answered, Dr. Phan, prays that the plaintiffs take nothing by reason of their petition and that Dr. Phan be dismissed herein with his costs.

Integris Southwest appeared and answered as follows:

In response to plaintiffs’ Petition, the defe (correctly identified as INTEGRIS South Oklahoma

1. It is admitted plaintiff presented Medical Center on February 16,2008. It is further a is a medical facility operating in Oklahoma City,

2. Defendant admits that plaintiff wa of the factual allegations contained in paragraph

3. Defendant admits that, according diagnosed with otitis media and pharyngitis on F allegations contained in paragraph 3 of plaintiffs

4. The allegations in paragraphs 4 ai ndant INTEGRIS Southwest Medical Center, Inc. City Hospital Corporation) states: the emergency room at INTEGRIS Southwest dmitted that INTEGRIS Southwest Medical Center Dklahoma. treated by Dr. Nghia Phan, DO, The remainder of plaintiffs Petition are denied. to the available medical records, plaintiff was ebruary 16, 2008. The remainder of the factual Petition are denied. rd 5 of plaintiffs’ Petition are denied.

5. Defendant denies the allegations Petition. Defendant specifically denies that it, its negligence. 6. Defendant admits that it has a duty the applicable standard of care. Defendant affirm state and federal laws. Defendant denies the factual Petition, together with the prayer for relief Defen or employees were guilty of any negligence.

* * *

Outcome: COURT ORDER APPROVING SETTLEMENT

NOW, on this 10th day of January, 2O14 this matter comes on before the District Court, and having heard testimony of witnesses sworn and statements of counsel. and being fully advised iii the premises herein, finds as follows:

1, Tho Plaintiff Cleste Garcia. individually. as parent and next of friend of Angel Gonzales. a minor, b) and through their attorney Venessa Donchin, include the proper parties to act on behalf of all claimants, to include Celesie Garcia, individually and the minor child, Angel Gonzales.

2. Celestc Garcia is competent.

3. The Court finds that a compromise agreement has been reached wherein Physicians Liability Insurance Company, on behalf of Defendant, Nghia Phan. D.O.. without admitting any liability is to make payments to the Plaintiffs comprised of OHCA lien payment of five thousand dollars (S5.000) and the cost of future periodic payments identified in the Confirmation of Structured Settlement for the benefit of Angel Gonzales and the associated Qualified Assignment and Release, which payments represent and include all claims of the minor child for all necessary and incidental expenses, past and future, including attorney fees and medical expenses incurred.

4. The Court finds that Plaintiffs have reached an informed decision to waive their rights to trial by jury and that they are fully aware of the consequences of settlement of this matter and are aare that once the Court approves this settlement and the settLement proceeds have beeli paid, the Plaintiffs, Ceieste Garcia, individually and Angel Gonzales, a minor, shall be fbrt3ver barred twin making any additional claims as a result of the alleged injuries sustained by Angel Gonzales, or any additional claims arising out of the care and treatment of the Defendant Nghia T. Plum, D.O.

5. The Court finds that the parties have agreed, and the Court so orders, that Plaintiffs, shall satisfr any and all outstanding medical bills, licns, attorney fees, referring attorney fees, attorhey costs and expenses, and any other claims made against the settlement proceeds forthwith and shall indemnify Physicians Liability Insurance Company and Defendant from further loss.

6. The Court has heard testimony regarding all potential claimants, the alleged injuries and as to the other elements of damage and liability in the case, and finds that the settlement agreement is fair, equitable and in the best intcrcsts of Plaintiffs. The Court further finds that the Settlement Agreement was entered into free from fraud, coercion, and duress by either ohe parties, their agents, insurers or attorneys. Said agreement is hereby approved by the Cdurt. The Court finds and hereby orders the Settlement Agreement, reasonable. equitable, and specifically approved pursuant to 0kla. Stat. Tit. 12, § 83.

7. The Court further finds and hereby orders that the proposed settlement. as set forth above, should be, and is hereby, approved: that the parties make all payments necessary to effectuate the settlement, and that upon payment of the settlement proceeds, Physicians Liability Insurance Company and Defendant shall he deemed to be released from any and further liability.

8. The Court acknowledges plaintiffs’ attorneys waive of all attorneys fees and approves repayment of documented expenses up to thousand dollars ($5,000).

Plaintiff dismissed without prejudice as to Integris Southwest Medical Center, Inc.

Plaintiff's Experts:

Defendant's Experts:

Comments: