Teresa Duran et al vs Daniel Oh MD et al

Case Background

On September 7, 2021, Teresa Duran and Robert Duran filed a Medical Malpractice lawsuit in the California State, Superior Court of Santa Barbara County (Case number: 21CV03601). Judges Jed Beebe and Timothy J. Staffel presided over the case

Cause

Teresa Duran, a 60-year-old store manager, underwent a Type-3 paraesophageal hiatal hernia repair performed by Dr. Daniel Oh on June 19, 2020, at Marian Medical Center in Santa Maria. Before the surgery, Duran had complained of ongoing epigastric pain for approximately three years. She was referred to a gastroenterologist, who diagnosed a large hiatal hernia through an esophagogastroduodenoscopy (EGD) and CT scan. Dr. Oh used a robotic laparoscopic approach to reduce the hernia and complete a 270-degree Toupet fundoplication. After the surgery, Duran experienced complications, including dysphagia, nausea, bloating, and weight loss. Following Dr. Oh’s relocation, Duran was referred to UCLA, where doctors discovered a re-herniation of her hiatal hernia. She underwent a “redo fundoplication” in November 2020 but continued to suffer from significant postoperative dysphagia.

Injuries

Duran reported ongoing postoperative dysphagia that eventually necessitated the placement of a PEG tube. She experienced difficulties with daily activities due to the PEG tube and suffered embarrassment and other non-economic damages. Her weight dropped significantly, from a preoperative weight of 160 pounds to 78 pounds at one point. Despite multiple esophageal dilations, she had limited success in returning to normal food intake by mouth.

Damages

The parties agreed to recoverable economic expenses totaling $18,243.43. Duran sought $730,000 in non-economic past damages for herself and $385,000 in past non-economic damages for her husband, Robert Duran, who claimed loss of consortium.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Teresa Duran | Robert Duran
    • Counsel for Plaintiff: Nora Hovsepian
    • Experts for Plaintiff(s): Daniel R. Marcus, M.D.
  • Defendant(s):Daniel Oh, M.D. | Surgical Specialists, a Medical Corporation
    • Counsel for Defendants: Kevin E. Thelen
    • Experts for Defendant(s): Wilson S. Tsai, M.D.

Claims

Teresa Duran filed a lawsuit against Dr. Daniel Oh and Surgical Specialists, alleging multiple claims related to her hiatal hernia repair surgery and subsequent complications. The primary claims included:

  1. Medical Malpractice: Duran claimed that Dr. Oh’s care fell below the accepted standard of medical practice. She alleged errors in the preoperative, intraoperative, and postoperative phases of her treatment.
  2. Lack of Informed Consent: Duran argued that Dr. Oh failed to provide adequate information about the risks and potential complications of the surgery. She testified that she did not recall discussing the risks in detail before the procedure. However, Dr. Oh documented that he had warned her about bleeding, infection, dysphagia, and hernia recurrence.
  3. Failure to Test: Duran’s legal team asserted that Dr. Oh should have conducted additional preoperative tests, particularly esophageal manometry studies. They argued that these tests could have provided crucial information for surgical planning and risk assessment.
  4. Surgical Errors: Duran claimed that Dr. Oh made errors during the surgery, specifically criticizing his decision not to excise and send the hernia sac for pathology, which she argued deviated from best practices.
  5. Inadequate Postoperative Care: Duran alleged that Dr. Oh failed to properly monitor and respond to her postoperative complications.
  6. Failure to Readmit: Duran claimed that Dr. Oh should have readmitted her to the hospital due to her severe symptoms. She argued that further surgical intervention and additional workup were necessary.
  7. Loss of Consortium: Robert Duran, Teresa’s husband, filed a claim for loss of consortium, alleging that his relationship with his wife had been negatively impacted by her ongoing medical issues resulting from the surgery.

Defense

The defense vigorously contested Teresa Duran’s claims against Dr. Daniel Oh and Surgical Specialists. They argued that Dr. Oh met or exceeded the standard of care throughout Duran’s treatment. The defense’s expert witness, a robotic thoracic specialist and hiatal hernia expert, testified that Dr. Oh’s preoperative evaluation, surgical technique, and postoperative care were all appropriate. The expert praised Dr. Oh’s surgical approach and stated that the decision not to excise the hernia sac was within accepted practice, citing the Society of American Gastrointestinal and Endoscopic Surgeons (SAGES) guidelines. The expert emphasized that Dr. Oh provided adequate informed consent, warning Duran about significant risks, including dysphagia and hernia recurrence.

Regarding postoperative care, the defense maintained that Dr. Oh’s actions were reasonable, including prescribing medication for nausea and referring Duran to a gastroenterologist when her symptoms persisted. They asserted that Dr. Oh’s decision not to readmit Duran was justified, as her symptoms did not meet the threshold for severe dysphagia requiring immediate intervention. The defense also highlighted that even after subsequent surgeries and evaluations at prestigious medical centers, no clear cause for Duran’s ongoing dysphagia was identified, suggesting that her complications were not necessarily the result of any negligence on Dr. Oh’s part.

Expert Testimony

The plaintiff’s expert witness, testified that Dr. Oh deviated from the standard of care in the preoperative, intraoperative, and postoperative time frames. The expert criticized Dr. Oh for not obtaining reasonable informed consent. He also faulted Dr. Oh for failing to excise and send the hernia sac for pathology. Additionally, the expert argued that Dr. Oh should have had a higher suspicion of ongoing abnormalities immediately after surgery.

The defense’s standard of care expert, a robotic thoracic specialist and hiatal hernia specialist, testified that Dr. Oh met the standard of care at all times. The expert praised Dr. Oh’s surgical technique and confirmed that excision of the hernia sac was not required by the standard of care. The expert also stated that Dr. Oh’s postoperative care was appropriate and that any criticism was the result of hindsight bias.

Jury Verdict

On July 19, 2024, the jury returned a verdict in favor of the defense, finding that Dr. Oh was not negligent and that he had obtained Teresa Duran’s informed consent in Hiatal Hernia Repair Malpractice lawsuit.

Court Documents:

Available Upon Request