Curtis Holmes Secured Defense Verdict for AGMC in Medical Malpractice Case

While on vacation at Disneyland, Marcos Neri became severely ill with nausea and vomiting. After initially declining paramedic advice to go to the ED, he received mobile IV therapy at his hotel. The next day, he was taken to Anaheim Global Medical Center (AGMC) ED, reporting a 15-year history of kidney stones. He signed AGMC’s Conditions of Service, and testimony confirmed the signature’s authenticity. The ED physician ordered an abdominal CT, read by Dr. Yee as possible diverticulosis/colitis, but misread the report and discharged Neri with a kidney stone diagnosis and standard return precautions.

Neri sued AGMC, Dr. Yee, and the ED physician for malpractice and loss of consortium. The ED physician settled pre-trial, AGMC’s settlement offer was declined, and Dr. Yee offered nothing. After a month-long trial in OCSC before Judge Lindsey Martinez, the jury returned a 12–0 defense verdict for AGMC and Dr. Yee, found the ED physician 70% at fault and Mr. Neri 30% at fault, awarding $54,670 in damages to Mr. Neri and $0 to Ms. Neri.