Date: 07-17-2012

Case Style: Jessica Dillard v. Satish K. Arora, M.D.

Case Number: CJ-2010-222

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Steven English Clark, and Heather Mitchell, Clark & Mitchell, Oklahoma City, Oklahoma

Defendant's Attorney: Malinda Matlock and John C. Lennon, Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, Oklahoma

Description: COMES NOW, the Plaintiff and for his claims against the Defendants allege and state as follows:

1. Plaintiff is the surviving spouse of Patricia Snodgrass, deceased. He brings this action for himself and on behalf of the estate and heirs of Patricia Snodgrass.

2. Defendant Satish K. Arora, M.D. is an Oklahoma physician licensed in the state of Oklahoma and an employee of Satish K. Arora, M.D., P.C., an Oklahoma Corporation.

3. Plaintiff, Patricia Snodgrass was a patient of Satish K. Arora, M.D. on November
19, 2008 for abdominal pain and small bowel obstruction.

4. Defendant Satish K. Arora, M.D. was negligent in his care and treatment of Patricia Snodgrass resulting in her death on December 26, 2008.

5. Plaintiff, the estate of Patricia Snodgrass, and her heirs have been damaged in an amount in excess of $75,000.00

6. Plaintiffs counsel’s affidavit is attached hereto.

WHEREFORE Plaintiff prays for judgment against the defendant in an amount in excess of $75,000.00 together with costs interest and all other necessary and proper relief.


ANSWER OF DEFENDANTS, SATISH K. ARORA, M.D.
AND SATISH K. ARORA, M.D.. P.C.

COMES NOW the Defendants, Satish K. Arora, M.D. and Satish K. Arora, M.D., P.C., and for their Answer to Plaintiffs Petition, hereinafter state the following:

1. The Defendants are without sufficient knowledge to admit or deny the allegations contained in paragraph 1 of Plaintiffs Petition, and therefore deny same.

2. Admit.

3. Admit that Patricia Snodgrass was a patient of Dr. Arora and otherwise deny the allegations contained in paragraph 3 of Plaintiffs Petition.

4. Deny the allegations contained in paragraph 4 of Plaintiffs Petition and demand strict proof thereof.

5. Aver that the allegations contained in paragraph 5 of Plaintiffs Petition are legal conclusions to which no response is required. To the extent a response is required, Defendants deny the allegations.

6. The Defendants are without sufficient knowledge to admit or deny the allegations contained in paragraph 6 of Plaintiffs Petition, and therefore deny same.

AFFIRMATIVE DEFENSES

1. This action fails to state a claim for which relief may be granted.

2. Any damages allegedly suffered by the Plaintiff were caused by a preexisting or post-developing unrelated medical condition, disease, illness, or infection for which this Defendant is not responsible.

3. Any damages allegedly suffered by the Plaintiff were caused or contributed by Plaintiff’s own negligence.

4. Defendants reserve the right to amend their Answer and add additional defenses including additional affirmative defenses, as more information becomes available through discovery.

WHEREFORE, having fully answered, Defendants pray that Plaintiff take nothing by way of the Petition filed herein, and that Defendants be awarded their costs and such other just and equitable relief to which he may be entitled.

Pre-Trial Conference Order

This case is brought by Plaintiff, Jessica Dillard, as Personal Representative and daughter of Patricia Snodgrass, deceased. Patricia Snodgrass was a patient of Satish K. Arora, M.D., a gastroenterologist, for complaints of weight loss, chronic constipation and a possible gastric ulcer.

On November 19, 2008 she presented to the ER at Deaconess Hospital with complaints of nausea and vomiting. A CT of her abdomen was interpreted as distal small bowel obstruction. Mr. Snodgrass then took her to Norman Regional Hospital where she was admitted under Dr. Arora’s care. Plaintiff contends Dr. Arora should have obtained an immediate surgical consult instead of observing her for 1.5 days and that surgery would have revealed and treated ischemic bowel disease.
On December 26, 2008, Patricai died of total small bowel ischemia with perforation.

The Defendant contends that Ms. Snodgrass presented to Norman Regional Hospital with improving signs and symptoms and according to the records told Dr. Arora, “I feel better�. Defendant contends that Ms. Snodgrass did not exhibit signs and symptoms of a surgical abdomen with her presentation and that it was reasonable to monitor her with more testing. Defendant denies any negligence.

3. Plaintiffs Contentions:

1. Plaintiff is the Appointed Personal Representative of Patricia Snodgrass, deceased.

2. Defendant, Satish Arora, M.D., was negligent and breached the standard of care in treating Patricia Snodgrass and caused her death on December 26, 2008. Satish K. Arora, M.D. is employed as Satish K. Arora, M.D., P.C.

3. The estate and heirs of Patricia Snodgrass, deceased, have been damaged in excess of $75,000.

4. Defendants’ Contentions:

1. The defendants deny they were negligent in the care and treatment of Ms. Snodgrass.
2. The defendants deny any acts or omissions on their part caused Ms. Snodgrass’ death.

5. Claims for Relief

6. Miscellaneous:

A. Is Jury Waived? No.

B. Is Additional Discovery Requested? Yes. Depositions of the parties’ experts need to be completed.

C. A trial brief (is/is not) required by the Court.

Due by: _________

D. Other Matters:

1. What legal issues are to be resolved:

Plaintiffs’ Motions in Limine will include incarceration of
Brett Medlock and will also include Daubert Motion as to the
lack of foundation for several opinions proffered by Dr.
Rankin, Defendant’s expert.

Defendants’ Motions in Limine that will also include Daubert Motion as to the lack of foundation for several opinions proffered by Dr. Sales, Plaintiff’s expert.

2. What fact issues remain to be resolved:

a. Negligence, if any.

b. Damages, if any.

7. Plaintiffs’ Exhibits:

1. All medical records, bills, radiological images, pharmacy records, etc. of Patricia Snodgrass, including, but not limited to:

Deaconess Hospital
Satish Arora, M.D.
Norman Regional Hospital

2. CV of David Sales, M.D.

3. Death Certificate of Patricia Snodgrass

4. Funeral and burial expenses of Patricia Snodgrass

5. Photographs of Patricia Snodgrass (Defendant reserves objections as not produced.)

6, Medical literature deemed reliable (Defendant reserves objections as not produced.)

7. Medical diagrams, drawings, videos and models of human anatomy and medical procedures involved in this case
(Defendant reserves objections as not produced.)

8. All exhibits listed by Defendants not objected to by Plaintiffs

9. Bank statements and other documents showing common law marriage
(Defendant reserves objections as not produced.)

8. Defendants’ Exhibits:

NO. EXHIBIT OBJECTION AUTHORITY

1. All medical records and radiological studies of
Patricia Snodgrass including but not limited to:

a. Tn-City Family Medical Clinic

b. Satish Arora, M.D.

c. Deaconess Hospital

d. Norman Regional Hospital

e. Ahmed Amayem, M.D.

(including enlargements of any record contained
within)

2. Copies of references to marital status as Objection
represented by Plaintiff and/or Patricia Snodgrass, reserved as not
deceased produced

3. Copies of divorce file for Patricia and Mark Objection
Snodgrass reserved as not
produced

4. Plaintiff’s responses to Interrogatories and
Requests for Production of Documents and
Requests for Admissions

5. Medical literature Objection
reserved as not
produced

6. Charts, illustrations, diagrams, anatomical models, Objection
graphs, or other aids relevant to the issues in this reserved as not
case produced

7. CV’s of Dr. Arora, Dr. Rankin, and Dr. Chase

8. Any exhibits endorsed by Plaintiff not objected to
by Defendant

9. Defendant reserves the right to list additional
exhibits as discovery is ongoing

9. Plaintiff’s Witnesses:

NO. NAME PROPOSED TESTIMONY

1. Mark Snodgrass Deposed.
do Clark & Mitchell, P.C.
101 ParkAvenue, Ste. 210
Oklahoma City, OK 73102

2. Jessica Snodgrass Deposed.
do Clark & Mitchell, P.C.
101 Park Avenue, Ste. 210
Oklahoma City, OK 73102

3. Lonnie Shattwell Care and treatment, facts and circumstances,
do Clark & Mitchell, P.C. damages. Deposition is scheduled for December
101 ParkAvenue, Ste. 210 20, 2011.
Oklahoma City, OK 73102

4. Dustin Medlock Care and treatment, facts and circumstances,
do Clark & Mitchell, P.C. damages. Deposition is scheduled for December
101 ParkAvenue, Ste. 210 20, 2011.
Oklahoma City, OK 73102

5. Brenda Snodgrass Care and treatment, facts and circumstances,
do Clark & Mitchell, P.C. damages. Deposition is scheduled for December
101 Park Avenue, Ste. 210 20, 2011.
Oklahoma City, OK 73102

6. Stella Barton Care and treatment, facts and circumstances,
do Clark & Mitchell, P.C. damages. Deposition is scheduled for December
101 ParkAvenue, Ste. 210 20, 2011.
Oklahoma City, OK 73102

7. Satish K. Arora, M.D. Deposed.
do Pierce Couch Hendrickson
Baysinger & Green
P.O. Box 26350
Oklahoma City, OK 73 126-0350

8. David Sales, M.D., Ph.D Deposed.
Arlington Heights, Illinois

9. Brad Bittle, M.D. Pulmonologist. Expert opinions, standards of care.
Cape Girardeau, MO To be deposed by Defendant.

10. Any and all other treating
physicians, nurses, or other medical
care providers of Patricia
Snodgrass

11. All witnesses identified by
Defendants not objected to by
Plaintiff

12. Plaintiffs request the right to list
additional witnesses as discovery is
ongoing

10. Defendants’ Witnesses: List Names, Addresses, and Substance of Testimony.
Mark Snodgrass Deposed.
do Clark & Mitchell, P.C.
101 Park Avenue, Ste. 210
Oklahoma City, OK 73102

2. Jessica Snodgrass Dillard Deposed.
do Clark & Mitchell, P.C.
101 Park Avenue, Ste. 210
Oklahoma City, OK 73102

3. Lonnie Shatwell Family friend to be deposed. Deposition
c/o Clark & Mitchell, P.C. scheduled for January 6,2011.
101 Park Avenue, Ste. 210
Oklahoma City, OK 73102

4. Dustin Medlock Family member to be deposed. Deposition
do Clark & Mitchell, P.C. scheduled for December 20, 2011.
101 Park Avenue, Ste. 210
Oklahoma City, OK 73102

5. Brenda Snodgrass Family member to be deposed. Deposition
do Clark & Mitchell, P.C. scheduled for December 20, 2011.
101 Park Avenue, Ste. 210
Oklahoma City, OK 73102

6. Stella Barton Deposition to be scheduled.
do Clark & Mitchell, P.C.
101 Park Avenue, Ste. 210
Oklahoma City, OK 73102

7. Edward Armstrong, M.D. ER physician expected to testify regarding
Deaconess Hospital ER his observations, opinions and evaluations
related to 11/18/2008 ER presentation.

8, Roy Mullins, M.D. Pulmonologist expected to testify regarding
Norman Regional Hospital his observations, opinions and evaluations
related to 11/19/2008 hospitalization.

9. John Chase, M.D. Surgeon expected to testify regarding his
Norman Regional Hospital observations, opinions and evaluations
related to 11/19/2008 hospitalization.

10. Jason Benn, D.O. ER physician expected to testify regarding
Norman Regional Hospital his observations, opinions and evaluations
related to 11/19/2008 hospitalization.

11. Wesley Pope, M.D. Family practice physician expected to testif’
Tn-City Family Clinic regarding care, observations, treatment,
communications and evaluations of Ms.
Snodgrass.

12. Steve Schoelen, M.D. Family practice physician expected to testify
Tn-City Family Clinic regarding care, observations, treatment,
communications and evaluations of Ms.
Snodgrass.

13. Satish K. Arora, M.D. Deposed.
c/o Pierce Couch Hendrickson
Baysinger & Green
P.O. Box 26350
Oklahoma City, OK 73 126-0350

14. Robert Rankin, M.D. Expert Gastroenterology. Expected to testify
regarding his review of records, studies and
lawsuit materials, Plaintiffs decedent’s
condition, standard of care, causation and
damages. To be deposed by Plaintiff.

15. Any and all other treating physicians,
nurses or other health care providers of
Patricia Snodgrass.

16. All witnesses identified by Plaintiff without
objection by Defendant.

20. Defendant reserves the right to endorse
additional witnesses as discovery is
ongoing.

11. Requested Jury Instructions Due By: _________

12. Estimated Trial Time: 4 days

13. Stipulations:. Identification of medical records.

14. Settlement: Has the Possibility of Settlement Been Explored? No.

15. TRIAL DATE SET FOR: April 23, 2012.

Outcome: COMES NOW the Plaintiff, Jessica Dillard, by and through her attorney in fact, Steve Clark, and hereby dismisses all claims against the Defendant, Satish K. Arora, M.D. and Satish K. Arora, M.D., P.C., in the above-styled and numbered cause with prejudice to the filing of future actions thereon.

Plaintiff's Experts:

Defendant's Experts:

Comments: