Kahlon v. Kaiser
Dr. Fagel achieved a
settlement of $924,692 on behalf of a 72-year-old woman who now suffers
from partial paralysis and requires in-home assistance after a massive
right side stroke suffered on February 12, 2002.
Brijinder Kahlon had been a patient at Kaiser since 1974 and aside from treated for hypertension with basic medication;
she possessed a relatively healthy bill of health. In early February
2002, Ms. Kahlon began experiencing a rapid heart rate which would
persist for several hours then stop. The plaintiff was taken to a
Kasier emergency room and an EKG showed atrial fibrillation. Next,
Kahlon made an appointment with a Kaiser internist who noted that she
was in normal sinus rhythm and that since there was only one documented
episode of rapid heart rate, the doctor diagnosed the plaintiff as
paroxysmal atrial fibrillation. The doctor additionally told the
patient to take Aspirin daily and noted that she should discuss taking
Coumadin with her primary physician if the symptoms continue.
After
complaining about extreme exhaustion, a new appointment was made with a
Kaiser family physician. The doctor acknowledged the risk for stroke,
but due to the daily Aspiring, decided the risk was low and believed
she would be safe until she saw her primary care doctor. Additionally,
the family physician warned the primary care specialist regarding
Coumadin, believing that the medication combined with hypertension
could lead to a hemorrhagic stroke.
Less than one week later,
the plaintiff was found by her son lying on the floor of her house. The
patient was taken to the Mt. Diablo Hospital where she was diagnosed
with a severe right sided stroke, which left her partially paralyzed
and unable to drive a car. After being discharged from a stroke
rehabilitation center, the plaintiff has been cared for at home by her
family.
The defendants contended that they complied within the
standards of care in instructing the plaintiff to take Aspirin, which
provides some protection to low-risk patients. Additionally, three
Kaiser experts testified that Coumadin would not have broken up an
existing clot, which most likely caused the stroke. However, Dr. Fagel
was able to demonstrate that the defendant's physicians were negligent
in not placing the patient on Coumadin. The patient was in a high risk
category for stroke from atrial fibrillation due to her age and
hypertension. Coumadin takes 3-4 days to reach therapeutic levels and
treatment by February would have prevented the stroke.